Judiciary
Brahmanbaria

The judicial department of Brahmanbaria is bent in history

Early and Medieval Judiciary

Time passes in its own way, like a river, the city flows in its own current with people running. However, while talking at the threshold of the house, suddenly one day the harmony, the conflict of interests cannot be ended with the veil of arbitration. I have to go to court. The problem is solved by the judge's decision. Even if the two sides do not have intensive talks, human feelings are not lost in Bijan. The Judiciary of Brahmanbaria, steeped in the memory of revolutionary cheers and Khudiram, has examples of achievement of glory and brave efforts against obstacles.

Surrounded by Meghna, Titus, Bagdia and Bhairav Rivers, Akashi Bill and Shapla Bill, Suhasini Brahmanbaria is an ancient district with a rich tradition of arts, literature and education. Located in the basin of Titus river, this district belongs to Chittagong division. At one time Brahmanbaria district was a part of Samat township of Bangladesh. Then during the rule of Pala and Sen dynasty in Bengal, their judicial system was in operation. After that, when Muslims arrived in 1204, the rule of Muslim Sultans gradually started in Brahmanbaria in Bengal. Sultan was the supreme judge in Bengal's judicial system during the Sultanate period. On certain special days of the week, the sultan himself administered justice. The position of Kazi was below the Sultan. Qazis were also appointed in major cities. 'Panchayat system' was prevalent among Hindus in rural areas.

During the Mughal and Sultanate periods, independent twelve Bhuiyans of Bengal, Isa Khan established the first and temporary capital in Bengal at Sarail in Brahmanbaria district. The twelve Bhuiyans could not rule independently for long. Again it goes to the sultans.

Judiciary in the British Period

After that, when the British arrived in Bengal, the East India Company divided Tripura into two parts after the acquisition of Bengal in 1765 AD. The two parts are Tripura and Chakla Raushnabad. In 1781, the British formed a district with greater Comilla and Noakhali except Sarail Pargana and named it Tippera District or Tripura District. Tripura district had two identities. Tripura district generally meant the entire district and Tipara proper meant Chakla Raushnabad. But the British called this district Roshanabad Tripura. In 1789 it was named Tripura District to facilitate revenue collection. When Tripura district was established in 1793 AD, most of Brahmanbaria was included in Mymensingh district. In 1830 Sarail, Daidpur, Haripur, Bejura and Satrakandal Parganas were transferred from Mymensingh to Tripura District. When Nasirnagar subdivision was established in 1860, most of Brahmanbaria came under it. The East India Company introduced the system of districts and subdivisions instead of parganas to facilitate administrative work. Because of which Sarail Pargana was broken. Nasirnagar sub-division was created from the three sub-divisions of Tripura by British Act of 1860. After 11 years, the subdivision headquarters was shifted from Nasirnagar to Brahmanbaria town. The subdivision was named Brahmanbaria and six police stations were formed. Namely: Brahmanbaria, Sarail, Nasirnagar, Nabinagar, Kasba and Bancharampur. In 1875 Nasirnagar subdivision was renamed Brahmanbaria subdivision.

At the beginning of British rule, when Mughal rule declined in effectiveness, the British East India Company established a criminal court in 1772 in what was then Tripura district, like other districts, where a Qazi, a Mufti and 02 Maulvis were appointed. Besides this, a civil court was established where the collector initially tried. In 1774, it was changed and the functions of civil courts were given to judges of the rank of local Amins, while criminal courts were entrusted to police station-based fauzdars. In 1793, the third and ninth regulations respectively appointed a civil judge and gave him magisterial powers. From the beginning of the Company's rule, the judicial and administrative functions of the Tripura district were conducted through the same person or institution. In 1831 the power to try civil cases was vested in the judges. In 1859, the posts of Magistrate and Collector were merged.

When Brahmanbaria subdivision was established in 1875 during the period of the British government, in 1878, a large one-storey building was constructed by the British government on the north side of the current municipal pond of Brahmanbaria city, which is known as Kachari pond, and the said building was established as a court. The civil and criminal proceedings of the Brahmanbaria sub-division were instituted in that building. Civil trials were conducted under the leadership of a Munsef and criminal trials were conducted under the leadership of a Sub Divisional Magistrate, who administered the proceedings till 1995 AD. However, the District Sessions Court was administered from the then Tripura, now Comilla. The District Judge of Tripura worked as the District Judge of Noakhali till 1877. At various times, present Comilla, Chandpur, Brahmanbaria districts were included under Tripura district. The present post of Comilla District Judge was originally created in 1885 and since then he has been serving as the single highest person in the criminal and civil judiciary of the district. The learned District and Sessions Judges heard appeals from all District Judges and District Magistrates including all First Class Magistrates of the District.

Judiciary during Pakistan rule

After 1947, greater Comilla district came under East Pakistan. In 1960, East Pakistan part of Tripura district was renamed as Comilla district. Brahmanbaria was then known as a sub-divisional town.

The law family of Brahmanbaria has a history of heroism in our glorious language movement. On February 23, 1948, Dhirendranath Dutta, a member of the Constituent Assembly, brought an amendment proposal and said - "Bengali will be considered as the official language of the Parishad". Born in Ramrail, Brahmanbaria, this lawyer, politician and his son Dilip Kumar Dutt were arrested by Pakistani assassins on the night of March 29, 1971 and were brutally killed after brutal torture in Mainamati cantonment. His father Jagbandhu Dutt was the Chief Justice of Kasba and Nabinagar Munsef Courts.

During the liberation war, the lawyers of Brahmanbaria sub-division held a meeting to inspire them to participate in the liberation war. Based on this, on the instructions of Advocate Ali Azam Bhuiyan in the Brahmanbaria Bar Association, the clerk of the association, Babu Sushil Chandra Kar, lowered the Pakistani flag from the Brahmanbaria Bar Association and raised the Bangladesh flag. As a result, Pakistani forces set fire to the Bar Association building and burnt 6000 valuable books and important records of the association. Sarail's son-lawyer Syed Sirajul Islam, a member of the Constituent Assembly, was one of the organizers of the Liberation War. Abdul Quddash Makhan, one of the organizers of the Liberation War, beloved by Father of the Nation Bangabandhu Sheikh Mujibur Rahman, was also a lawyer. Born in Kasba upazila of Brahmanbaria, lawyer, liberation war organizer, politician, Sirajul Haque (Bachchu Mia) was a member of the National Assembly of Pakistan and a member of Parliament of Bangladesh. He was one of the counsels for Bangabandhu Sheikh Mujibur Rahman in the Agartala Conspiracy Case of 1968. He was the lead counsel for the state in the Bangabandhu assassination trial, challenging the murderer Mushtaq for the first time, eye to eye, saying that he did not obey his leadership.

Judiciary Department of independent Bangladesh

After the independence of Bangladesh, through the efforts of learned lawyers of Brahmanbaria, government financial help was brought from the father of the nation, Bangabandhu Sheikh Mujibur Rahman. Later Brahmanbaria District Judge's Court and Chief Judicial Magistrate's Court were shifted to the present Kawtali due to lack of space in the previous place. On February 15, 1984, Brahmanbaria was declared a new district, separated from greater Comilla. Mr. Md. Nazrul Islam was the first district and session judge of Brahmanbaria district in independent Bangladesh. Mr. Md. was the first Chief Judicial Magistrate of Brahmanbaria district after the separation of magistracy from the executive department in 2007. Hadiuzzaman.

Nabinagar and Bancharampur Chowki Courts

Apart from regular courts across the country, there is another type of court called Chowki Adalat. These chowki courts are located in upazilas or thana towns. Chowki courts are found in remote areas of the country, especially those upazilas where the communication system from upazilas to district towns is very difficult. Usually economically poor, underprivileged, marginalized people, individuals get justice from these Chowki Courts. There are chowki courts at the upazila or thana level for those poor and disabled people who cannot go to the district headquarters. These courts have been operating since the British period. This court is doing great work for marginalized people.

About the time of Warren Hastings during the British rule. At that time i.e. in 1793 after the permanent settlement system was introduced in Bengal, the landlords brutally tortured the poor subjects for rent. Sometimes it was not possible for the subjects to pay the rent if the crop production was low due to drought, rain, flood etc. As a result, the landlords brutally tortured and punished the subjects. Not being able to bear such tyranny of the zamindars or fearing it, the subjects would leave the territory of one zamindar and flee to the territory of another zamindar. Since the zamindars could not collect rent, they could not pay rent to the British government either. And at that time the subjects were not given permanent ownership of the land. In this situation, around 1880, the Land Act was amended and the subjects were given permanent ownership of the land. During this time the British government introduced the tax collection rules. But if a subject could not pay the rent, he was not evicted from the land. Instead, the provision of suing for tax collection was introduced. And a type of court known as Chowki Adalat is established in remote village areas to handle tax related cases. There were a total of 14 Chowki Courts during the British period. Initially, Chowki Courts were kept in those areas where the communication system is very fragile.

05 Unions in the eastern part of Nabinagar Upazila of Brahmanbaria (east of Buri river) are identified as Noornagar Pargana of Chakla Roshanabad region of Tripura State and the villages along Meghna-Titas-Pagla River in the north are under Sarail Pargana. According to reliable sources, the first Nabinagar Police Station was established in 1875. is done At the same time there was also a police outpost in Rachullabad village. As per Calcutta Gazette notification dated 15 April 1926, Rachullabad outpost was abolished. At that time, Nabinagar police station was reorganized with a total of 234 villages.

The first Munsef Court was opened in Nabinagar in 1883. On March 24, 1983, Nabinagar Thana was officially upgraded to Upazila.

Located in the Adalatpara of Nabinagar city, also known as Munsef Adalat. These civil courts basically belong to the Subordinate Judiciary or Lower Courts. The people of Nabinagar upazila benefit from this court. This beautiful red colored building was built in 1884.

The traditional Brahmanbaria Judiciary is constantly trying to help the aspirants. In spite of the various difficulties, the judges of this district feel that they have overcome all the difficulties to make people believe that the trial of the criminal is possible and their pen of justice will be active next to the oppressed with an invincible promise.

Data sources

1. Bangladesh National Information Broadcasting

2. Department of Justice

3. Banglapedia

4. “Namakaran Itikatha” by SM Shahnoor

5. daily first light

6. Annual Report of Brahmanbaria District Lawyers Association

7. Wikipedia

8. Legal Voice

Compiled by - Afrin Ahmed Happy, Senior Judicial Magistrate, Brahmanbaria.