Questions raised over justification for so many deputy and assistant attorneys general

A total of 103 deputy attorneys general and 230 assistant attorneys general are currently serving in the Office of the Attorney General of Bangladesh. It is believed that such a large number of law officers has never existed before. They were appointed during the tenure of the interim government. Legal experts have raised questions about the justification for appointing so many people to these two positions.

The Constitution of Bangladesh clearly states that there will be one attorney general. The Bangladesh Law Officers Order, 1972 also stipulates that there should not be more than three additional attorneys general. However, neither the constitution nor any law specifies how many deputy or assistant attorneys general may be appointed. As a result, whichever government is in power tends to appoint lawyers of its choice to these posts as it sees fit.

According to sources in the attorney general’s office, during the tenure of the Bangladesh Awami League government (before 5 August 2024), the number of deputy attorneys general ranged from 60 to 68 at different times. There were 143 assistant attorneys general, and three additional attorneys general were serving at the time.

After the fall of the Awami League government during the July Mass Uprising in Bangladesh, the law officers appointed under that government resigned. A new attorney general was appointed on 8 August 2024. At the beginning of the interim government, three additional attorneys general and several deputy attorneys general were appointed. Subsequently, more appointments were made to the posts of deputy attorney general and assistant attorney general.

Senior Supreme Court lawyer Mostafizur Rahman Khan believes that there is no need for more than 60 to 80 deputy attorneys general and 160 assistant attorneys general. He told Prothom Alo that appointments to these posts often raise concerns that they are driven less by necessity or merit and more by political patronage.

He believes that two or three assistant attorneys general can be assigned to each court or bench, particularly the motion benches (which handle new cases). For hearing benches dealing with rules, he said, one or two assistant attorneys general should suffice. Each motion bench requires one deputy attorney general where the government is a party in numerous cases. For rule-hearing benches, one deputy attorney general could oversee two or three benches.

After the interim government assumed office on 8 August 2024, there was initially one bench in the Appellate Division of the Supreme Court of Bangladesh, which later increased to two. Since early January this year, judicial proceedings have been conducted in one bench of the Appellate Division. In addition, two chamber courts of the Appellate Division are functioning. At present, the Appellate Division has five judges, including the chief justice.

According to sources related to the Supreme Court of Bangladesh administration, as of December 2024 there were 31,120 pending cases in the Appellate Division and 589,651 cases in the High Court Division. Between 1 October and 31 December 2025, the number of pending cases rose to 41,551 in the Appellate Division and 659,256 in the High Court Division.

There are 103 judges in the High Court Division. Currently there are between 65 and 67 benches (single and dual). Typically, one deputy attorney general represents the government in each High Court bench, although some benches have two deputy attorneys general. One or more assistant attorneys general serve alongside them. They conduct cases and participate in hearings on behalf of the government in both divisions of the Supreme Court.

The Judicial Reform Commission of Bangladesh and the Constitution Reform Commission of Bangladesh, both formed by the interim government, recommended establishing a permanent attorney service free from political influence. The Constitution Reform Commission submitted its report on 15 January last year, while the Judicial Reform Commission submitted its report on 5 February.

The Judicial Reform Commission report said that appointments of law officers are often viewed not as recognition of merit, competence, or integrity, but rather as rewards for political loyalty. Overall, the performance of law officers at various levels has been far from satisfactory. To address this situation, the report recommended establishing a permanent attorney service.

The Constitution Reform Commission also recommended creating a permanent attorney service under the constitution. Its report stated that, so far, the attorney general and other law officers have been appointed mainly on political considerations under an inadequate legal framework. There is also no legal structure ensuring accountability for how these officers perform their duties. Essentially, such appointments are often treated as rewards for political loyalty.

The commission recommended that the attorney service be a permanent pensionable government job. It should have a clear structure with laws governing recruitment procedures, promotion, transfer, discipline, salary structures, financial benefits, and related matters.

Senior Supreme Court lawyer Sharif Bhuiyan, who was a member of the Constitution Reform Commission, told Prothom Alo that the number of deputy and assistant attorneys general should correspond to the number of benches and pending cases. He said it should be reviewed whether the number of cases has increased at the same rate as the number of such law officers over the past two years. Greater transparency is also needed in the entire process.

For a long time, the legal community has demanded a permanent process to appoint competent and qualified law officers outside political considerations. During the tenure of the former caretaker government in 2007–08, the Government Attorney Service Ordinance 2008 was issued 18 years ago. However, after coming to power through the ninth parliamentary election, the Awami League government did not approve the ordinance.

Seven years ago, a writ petition was also filed in the High Court seeking directives to establish an independent prosecution service commission, but it has not yet been finally resolved.

Supreme Court lawyer Farhad Uddin Ahmed Bhuiya filed the writ on 11 November 2019. Asked about the latest status of the case, he said that a partial hearing on the rule took place in 2025. After the bench was reconstituted, however, the hearing did not proceed further. Steps will soon be taken to resume the hearing.

A notice board outside the attorney general’s office lists the distribution of duties among law officers. According to the list dated 4 January, deputy and assistant attorneys general were assigned across 66 High Court benches. In some benches, two deputy attorneys general were assigned along with three or four assistant attorneys general; in others, one deputy attorney general worked with three or four assistant attorneys general.

According to relevant sources in the attorney general’s office, an assistant attorney general receives about Tk 80,000 per month including allowances. A deputy attorney general receives Tk 91,000. An additional attorney general receives Tk 105,500, while the attorney general receives Tk 123,000.

Based on recommendations from the Judicial Reform Commission and the Constitution Reform Commission, the interim government prepared an initial draft of the Government Attorney Service Ordinance, but the ordinance was ultimately not issued.

The draft proposed creating a Supreme Court attorney branch and a district attorney branch. The entry-level position in the Supreme Court branch would be assistant attorney general, while the entry-level position in the district branch would be assistant district attorney.

Senior Supreme Court lawyer Shahdeen Malik told Prothom Alo, “I do not think there is any need for so many deputy and assistant attorneys general given the relatively small number of judges. Rather, the government should enact an attorney service law and appoint qualified lawyers to these positions permanently through written and oral examinations.”