Bangladesh: No lawyer to defend, ex-chief justice Khairul Haque jailed for murder during anti-Hasina protests

A Dhaka court on Thursday ordered the imprisonment of former Chief Justice of Bangladesh ABM Khairul Haque in connection with a murder case that happened during the anti-government protests in July last year. The case involves a teenager named Abdul Kaiyum Ahad, who was shot dead during the July uprising, which eventually toppled the government of former Bangladesh Prime Minister Sheikh Hasina. 

According to Bangladeshi news outlet The Dhaka Tribune, the order of imprisonment was issued by Dhaka’s Additional Chief Metropolitan Magistrate Md Sanaullah following a hearing held on Thursday night. Earlier that evening at 7:45 pm (local time), Jatrabari police station Inspector Khaled Hasan, who is investigating the case, brought Khairul to court. The authorities submitted the petition for the detention of the former Bangladeshi chief justice.

Khairul was eventually presented before the court under tight police control at approximately 8:15 pm (local time). The prosecution alleged that Abdul Kaiyum, son of plaintiff Md Alauddin, was shot in the face and chest by the accused during a protest and collapsed near the Kajla police box. They noted that several other protesters were also killed in the incident.

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The prosecution went on to claim that Khairul, during his tenure as Chief Justice from May 1, 2011, committed a criminal breach of trust and acts of sedition by misusing his judicial authority. The 81-year-old was also accused of delivering forged and fraudulent verdicts.

The petition also mentioned that multiple cases against him remain pending in various police stations across the country. The prosecution also cited concerns that Khairul might use his past influence to disrupt the ongoing investigation and requested that he be held in custody until the trial is complete.

While the court granted the plea, what was concerning was the fact that no defence lawyer was present at the hearing to represent Khairul. Meanwhile, news of his trial also triggered demonstrations outside the courtroom. Several pro-BNP lawyers and citizens gathered at the premises, chanting slogans and expressing anger toward the former top judge.

The former chief justice was arrested by the Detective Branch (DB) of Dhaka Metropolitan Police from his Dhanmondi residence on Thursday afternoon, The Dhaka Tribune reported. As per the court document, Abdul Kaiyum Ahad was fatally shot on July 18, 2024, during the Anti-Discrimination Student Movement in front of the Kajla police box in Jatrabari.

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He was allegedly shot dead by Abul Hasan, officer-in-charge of Jatrabari police station, who fired multiple shots into both of the boy’s legs, causing his death on the spot. It is pertinent to note that ABM Khairul Haque served as the 19th Chief Justice of Bangladesh, assuming the role back in 2010. He retired the following year, having reached the mandatory retirement age of 67.

Interestingly, it was Khairul who delivered the landmark verdict of abolishing the caretaker government system. While serving the High Court Division, Khairul also ruled over the assassination case of Bangabandhu Mujibur Rehman and the case concerning the Fifth Amendment to the Constitution.