The judiciary plays a crucial role in upholding justice and protecting the rights of individuals within a democratic society. In Bangladesh, the Supreme Court is the apex judicial authority, consisting of two divisions: the Appellate Division and the High Court Division. This article focuses on the power of the High Court Division, particularly its authority to quash legal proceedings through the process of quashment.
Power of Quashment
Quashment is a legal remedy that allows the High Court Division to declare any legal proceeding or order null and void. When a petition is filed before the High Court Division, it has the authority to examine the legality and validity of the proceedings and to quash them if they are found to be contrary to the law, unconstitutional, or beyond the jurisdiction of the lower courts.
The High Court Division has the power to quash legal proceedings or orders on various grounds, including but not limited to:
Lack of jurisdiction: If a lower court or tribunal exceeds its jurisdiction or acts beyond its authority, the High Court Division can quash the proceedings.
Violation of fundamental rights: If the rights guaranteed under the Constitution of Bangladesh are violated during the course of a legal proceeding, the High Court Division can intervene and quash the proceedings.
Abuse of process: If it is found that the legal process has been misused or abused, leading to an unjust outcome, the High Court Division can exercise its power of quashment.
Lack of evidence: If it becomes evident that the prosecution’s case lacks sufficient evidence to sustain the charges, the High Court Division may quash the proceedings in the interest of justice.
Errors of law: If a lower court commits a significant error of law that affects the outcome of the case, the High Court Division may intervene and quash the proceedings.
The power of quashment vested in the High Court Division of the Supreme Court of Bangladesh is a crucial aspect of the country’s judicial system. It empowers the court to review and nullify legal proceedings that are unconstitutional, beyond the jurisdiction of lower courts, or suffer from significant errors. By exercising this power, the High Court Division ensures the protection of fundamental rights, upholds the rule of law, and maintains the integrity of the judicial process in Bangladesh.