LAW OFFICERS OF THE GOVERNMENT | ||||
Law Officers of the Government are means for conducting cases on behalf of the Government of Bangladesh before superior court of the country. The President appoints them. The terms of their appointment, duties, and other conditions of service are governed by special statutest4 and statutory rules. Attorney General for Bangladesh is the principal Legal Officer of site Government. Other Law Officers are Additional Attorney General, Deputy Attorney General and Assistant Attorney General. They hold offices at the pleasure of the President of Bangladesh. The Law Officers enjoy the right of audience in all courts of Bangladesh. The statutory qualification for appointment as Attorney General, Additional Attorney General or Deputy Attorney General is that they must be qualified to be appointed as Judges of the Supreme Court. For appointment as an Assistant Attorney General, a person must have at least seven years Standing as an advocate of the Supreme Court. Generally, appointment us Law Officers are made from the senior practicing advocates. Attorney General for Bangladesh has to give advice to the Government upon those legal matters, which are referred to him. According to the rules of business, no Ministry can consult the Attorney General for Bangladesh except through the Ministry of Law and Parliamentary Affairs. The Attorney General has to appear before the Supreme Court in cases in which the Government is a party or is otherwise interested. However, he may ask any other Law Officer of the Government to appear in the courts instead of him. Besides, he has to represent the Government in any reference made by the President under the Constitution of Bangladesh, to the Supreme Court and that he may be required to discharge other functions of legal character as may be conferred upon him by or under the Constitution or any other law in force in Bangladesh. The Law Officers of the Government are entitled to private practice subject to certain restrictions. They cannot advise or hold briefs against the Government and cannot take up cases in which they are likely to be called upon to advise or appear for the Government. In criminal prosecution, they are not entitled to defend an accused person without the Government's prior permission. Apart from the position shown above, there are two other categories of Officers who work as lawyers on behalf of the State and the Government in courts subordinate lathe Supreme Court of Bangladesh. They are, (a) the Public Prosecutor, and (b) the Government Pleader. Public Prosecutor conducts prosecution before inferior criminal courts and special tribunals. Assistant Public Prosecutor, if any assists him. Government Pleader conducts civil cases in subordinate civil courts. Assistant Government Pleaders assists him in those matters. These lawyers of the Government are selected from advocates of repute who practice as members of Local Bar Associations. The Government determines the terms of their appointment as well as other conditions of service. |
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