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Westferry Times > Law and Articles > Untoward incidents in Apex, lower courts concerning: Bangladesh chief justice
Law and Articles

Untoward incidents in Apex, lower courts concerning: Bangladesh chief justice

Anjali Yadav
By Anjali Yadav Published November 29, 2024
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Bangladesh’s Chief Justice, Dr Syed Refaat Ahmed, expressed deep concern on Thursday over a series of troubling incidents in the country’s judiciary, following an attempted assault on a Supreme Court judge and the killing of a lawyer within a span of two days.

In a rare public statement, the Chief Justice described these incidents as alarming and underscored the importance of maintaining the sanctity of the judicial process.

“All developments are being closely monitored to ensure judicial processes remain undisturbed despite the challenges,” he said, adding that comprehensive measures have been implemented across all levels of the judiciary.

Incidents spark alarm in judiciary

The most shocking incident occurred on Wednesday when a group of lawyers stormed the courtroom of Justice Mohammad Ashraful Kamal during a hearing. The lawyers, angered by comments Justice Kamal allegedly made in a 2016 verdict about former president Ziaur Rahman, threw eggs at him and interrupted proceedings.

One protester shouted, “As a judge, you have no right to conduct proceedings if you still hold such biased views.” The judge was forced to end the session prematurely and leave the courtroom with a fellow judge.

Simultaneously, another group of lawyers confined High Court Division Registrar Munshi Moshiar Rahman to his office and removed his nameplate. The group accused him of being aligned with a government they labelled as fascist, ousted during a student-led uprising on August 5.

Adding to the turmoil, a government prosecutor was killed on November 26 following violent clashes when supporters of Hindu spiritual leader Chinmoy Krishna Das Brahmachari blocked a prison van carrying him to jail. Das, arrested in a sedition case, had his bail plea denied, sparking protests in Dhaka, Chattogram, and other locations.

Judiciary under siege

The recent incidents have thrown the judiciary into disarray, with chaotic scenes reported at court premises in major cities. Supporters of opposition groups attacked several leaders and close associates of deposed Prime Minister Sheikh Hasina’s Awami League during their court appearances, despite police escorts.

In response, the Chief Justice reassured the public that the judiciary remains committed to its constitutional duty.

“The Supreme Court is vigilant to ensure that people can receive services from the courts without any impediment,” read a statement from his office.

The statement also emphasised that all courts and tribunals must continue their functions as normal to serve the nation’s interests.

Measures to restore order

To prevent a recurrence of such events, the judiciary has introduced stricter security measures in the Supreme Court and across district judgeships and magistracies. The Chief Justice issued directives for all courts to operate without disruption, emphasising the importance of maintaining public trust in the judiciary.

Legal experts have expressed concern over the implications of these incidents for the rule of law in Bangladesh. Prominent lawyer and constitutional expert Barrister Rezaul Karim said, “The attacks on judicial figures and disruptions within court premises are deeply troubling and undermine the very foundation of our legal system.”

Underlying tensions

The turmoil in the judiciary comes amidst heightened political tensions in Bangladesh. The opposition has accused the ruling Awami League of authoritarianism, while the government has faced criticism over its handling of dissent.

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Justice Kamal’s alleged comments about Ziaur Rahman, founder of the opposition Bangladesh Nationalist Party (BNP), appear to have reignited long-standing grievances. The BNP and its supporters have consistently criticised what they perceive as judicial bias in favour of the ruling party.

The killing of the government prosecutor further complicates the situation, with many linking it to broader unrest involving religious and political groups.

Call for unity

The Chief Justice’s statement called for calm and urged all stakeholders to respect the rule of law. “The judiciary serves as the cornerstone of democracy. It is imperative that all parties work together to protect its integrity,” he said.

As the nation grapples with these challenges, the focus remains on restoring order and ensuring that the judiciary can function independently, free from external pressures.

The recent incidents in Bangladesh’s judiciary highlight deep-seated political and social tensions. While the Chief Justice has taken steps to address the immediate challenges, long-term solutions will require concerted efforts from the government, opposition, and civil society to uphold the rule of law and protect judicial independence.

For now, the judiciary stands at a critical crossroads, its resilience tested by an unprecedented wave of unrest.

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