Assaulting accused on court premises contrary to justice, say pro-BNP lawyers

Former Supreme Court Appellate Division Justice AHM Shamsuddin Chowdhury Manik was severely injured in a physical assault by some lawyers at the Sylhet court premises recently.

The attackers thrashed the former justice Manik violently and hurled shoes and eggs at him while being escorted by the police to produce before the Sylhet judicial magistrate’s court. At one stage, the helmet given to him by the police was also removed for security. During the time he was dragged into the court building making way through the mob. He is currently undergoing treatment at Intensive Care Unit (ICU).

Private channel Ekattor TV’s former head of news Shakil Ahmed and Farzana Rupa, his wife and former principal correspondent of the same TV, were produced before a Dhaka court on August 22. During the time also, Farzana Rupa was attacked on the court premises in presence of the police. Her husband Shakil Ahmed shouted at that time and demanded justice for this incident.

Before that former minister and joint secretary of Awami League Dr Dipu Moni was arrested in a murder case filed with Mohammadpur police station in the capital and produced before the court. A group of lawyers attacked her on the court premises. Apart from throwing eggs at her, she was physically assaulted as well. At that time no outsider was present there except lawyers and police. Dipu Moni was seen crying in the court room.

Former Law Minister Anisul Haque and Salman F Rahman, former private industry affairs adviser to ousted prime minister Sheikh Hasina were produced before a Dhaka court and they were also harassed on the court premises. Lawyers threw eggs and shoes at them.

In all these incidents, a large number of policemen were seen surrounding the accused, but they did not try to protect them from the attack. The attackers in all the incidents reportedly were pro-BNP lawyers.

In this regard, Supreme Court Lawyers Association President and former BNP lawmaker Barrister Mahbub Uddin Khokon told the View Bangladesh, “We have come to know that a group of lawyers prepare in advance when they get the news that any minister of the previous autocratic government will appear before the court. When they were brought to the court from the jail, they surrounded the accused and chanted slogans. As an expression of people’s anger and hatred against them, some untoward incidents happened in the court area.”

“Moreover, many defendants are not even getting lawyers because of hatred. Lawyers are not coming forward to represent them in the court. However, measures should be taken to mitigate hatred and to ensure security for the accused,” he added.

Mahbub said, "It is the responsibility of the state to appoint lawyers for them. Failure to do so will result in miscarriage of justice. The government must ensure the safety of the accused. The recent violent incidents on several court premises and lack of lawyer to represent the accused in the courts are very alarming. It is the responsibility of the government to ensure the safety of a person accused of any crime as well as the right to get justice. Measures should be taken while producing the detained persons before court; so that no impression is created that the accused has been deprived of justice.

Secretary General of Jatiyatabadi Ainjibi Forum and BNP's law affairs secretary Barrister Kayser Kamal, told the Views Bangladesh, “Police and lawyers have to ensure security on the court premises. We hope that action will be taken against those involved in the recent attacks on the accused in court area.”

On August 22, Barrister Ashraful Islam, a pro-Awami League (AL) lawyer of the Supreme Court, was stabbed in the lawyer’s building. Many are claiming that pro-AL lawyers are not able to come to the Supreme Court because of fear.

Commenting on the issue, Barrister Kayser Kamal said, "We are always alert to ensure a clean image of the Supreme Court. If anyone from Jatiyatabadi Ainjibi Forum behaves unprofessionally for personal gain and creates chaos, strict action will be taken against him. Already a lawyer has been expelled from the organisation in connection with the stabbing incident. The Supreme Court unit of Jatiyatabadi Ainjibi Forum has been dissolved. Such actions will continue in the future.”

Senior Supreme Court lawyer and BNP leader Ruhul Quddus Kajal sees the attack on the court premises against the arrested persons as an expression of people's anger and hatred. He also demanded to provide security to the accused.

Kajal said, "Attack on the accused is a violation of human rights. The saddest part is that even the lawyers are also being harassed. It is not acceptable at all.”

Meanwhile, condemning the attacks on accused on court premises, Chief Adviser Prof Muhammad Yunus recently compared it as trying the accused even before the start of the trial proceedings in the court.

He said, “This will tarnish the image of the interim government. No one should take the law into their own hands.”