Bangladesh Judiciary Defeated by Villain, Final Nail in the Coffin

Opinion

‘I committed such and such a crime, so I will commit a crime’, this cannot be the attitude of any person active in the court of law. However, some people are expressing such an attitude in the court of law of Bangladesh. After the assassination of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman in 1975, the court of law was attacked by blocking the path of justice by giving indemnity, and then, during the time of different governments, there has been a tendency for judges to conduct trials depending on the attitude of the government. There have been cases of giving legitimacy to unconstitutional governments. But the judiciary has accepted them without giving legitimacy to the current unconstitutional government and is conducting judicial work depending on their attitude. For the sake of argument, it can be said that the current government was formed with the opinion of the judiciary by sending a reference to the judiciary in the light of the constitution. Although many questions have arisen about the transparency and truthfulness of the matter under discussion, even if the matter is accepted for the sake of argument, one big question remains, that is, on the day and time of taking the oath, the head of the government, Mr. Yunus, was a convicted defendant. A convicted (sentenced) person cannot hold any constitutional position in the state, or cannot remain. His sentence has been commuted, but after taking the oath, on the day of taking the oath, he was a convicted defendant in a court verdict, therefore his taking the oath has been completely questioned and immoral.

Why did I say in the title of the article, ‘ Bangladesh’s law-courts, abandoned by the villain , have finally nailed the coffin!’

Mr. Yunus has admitted to the world that Sheikh Hasina’s government was overthrown through meticulous design and that he, despite being a convicted person in a Bangladeshi court, has taken oath as the head of the constitutional office, therefore he is a villain. The law courts of Bangladesh have been defeated by his design and attitude. There is no rule of law in the country. The law says that if a charge is filed against a person, he will not be considered a criminal. Until the crime is proven on the basis of evidence, the accused will appear innocent to the judge and the judge will show an attitude of innocence towards the accused. The law says that if the judge thinks that the person against whom the charge was initially filed will face trial and will not abscond, then no matter how serious the charge is, the court can release him on bail. The judges are unable to take any of these into consideration. While sending Professor Kalimullah to jail, the court commented, ‘You have to go to jail and to the grave alone, no one accompanies you when you go to jail or to the grave’, this comment is not correct in any way according to the law and religious rules. This cannot be the language of the law. Religious rules say, your deeds will be your companions when you go to the grave, no one goes to the grave alone, you will take your deeds with you. You will not go to jail alone either, you will take your deeds with you. However, the act for which you will go to jail must be proven by evidence as a crime in the eyes of the law. No one will go to jail before the crime is proven. Detaining someone in jail before the crime is proven means detaining them without trial, which is inhumane. They can only be detained temporarily if there is a suspicion that they may flee. However, Professor Kalimullah, Professor Abul Barakat, former Chief Justice Khairul Haque, the evidence that they will not flee was before the court, after the case was registered against them, they were staying at their respective places of work and residence until their arrest, they have been detained in jail without trial. In addition, many who do not have the tendency to flee are being arrested and taken on remand, tortured in the name of interrogation, and are being detained in jail without trial. The judges have lost their conscience in taking action in these cases. There have been incidents of eggs being thrown at judges inside the court, the accused being beaten up in the court premises, hundreds of people are being killed by mob violence across the country, lakhs of false cases have been filed, we are also seeing incidents where the victim of a murder case, i.e. the deceased, is alive, yet the court of law is silent. In short, the court of law has been defeated by a villain. Now, let’s

Why do I say the final nail in the coffin!

After arresting former Chief Justice Khairul Haque and taking him to court with his hands tied behind his back, I believe that the court has hammered the final nail in the judicial process, that is, in the court of law, by not releasing him on bail but by issuing a remand order and an order canceling his bail. Because the precedent that has been set of arresting judges will continue in the near future, not decrease. Therefore, it was necessary to stop it now. Imagine what will happen in this country when the number of arrests of judges increases in the future! The next government will make the judges aware of their position towards the court by arresting them. And, such incidents are certain to increase. Look, if the learned judge could have given a sensible order within the law after taking Justice Khairul Haque to court, then there would have been no possibility of such incidents recurring in the near future. But, what the lower court judge could not do, can the high court judge do?

On Monday, August 11, 2025, the High Court Division of the Supreme Court of Bangladesh, comprising Justice Md. Zakir Hossain and Justice KM Rasheduzzaman Raja, listed the application for hearing the bail application of former Chief Justice Khairul Haque as number 18 on the agenda. There was a commotion and jostling among the lawyers in the courtroom over the question of hearing the application. A year after the incident, on July 6, 2025, citing the killing of Abdul Qayyum in Jatrabari during the July 2024 movement, a murder case was filed at the Jatrabari Police Station against many people, including former Chief Justice Khairul Haque, and Justice Khairul Haque was arrested on July 24 in the alleged case. He was presented before the lower court with his hands tied behind his back, but the judiciary was silent on the matter. When the time for the hearing arrived, the senior lawyer on behalf of Justice Khairul Haque said this, and there was a commotion and jostling in the courtroom. Senior lawyers MK Rahman, Mansurul Haque Chowdhury, Mohsin Rashid, ZI Khan Panna, Kamrul Haque Siddiqui and others were present in the court on behalf of Khairul Haque. Deputy Attorney General Russell Ahmed and Md. Emran Khan and Assistant Attorney General Md. were present on behalf of the state. Ujjal Hossain and Jasim Uddin. After 3 pm, senior lawyer MK Rahman presented Justice Khairul Haque’s application to the court for hearing. Meanwhile, Deputy Attorney General Russell Ahmed, requesting a week’s time, said that the Attorney General will participate in the hearing for the state in this case. Then the senior lawyer said that the former Chief Justice was produced in the lower court with both hands tied behind his back and handcuffed, he was taken on remand, in this situation we started the hearing, then the Attorney General will come and present arguments for the state, saying this, the state’s lawyers started shouting, and were heard saying loudly, where were you when Justice Sinha was removed! The state’s lawyers were seen exchanging heated words, shouting, abusing and pushing Justice Khairul Haque’s lawyers, the two learned judges of the court were silent at that time! Tell me, since there was an irregularity against Justice Sinha, now they will do irregularities against Justice Khairul Haque, is this the language of the law? In my limited knowledge, this can never be the language of the law. If this continues in Bangladesh forever, then think about the future of the country. The sensible people of the country are worried and distressed, wondering where this vindictive attitude and disrespect for the law will take this nation.

-Ghulam Hossein,

Lawyer and political activist