Ex-Chief Justice Khairul Haque in dock for 40 mins, handcuffed

It was 8:00 pm. A blue prison van, whistles loudly being blown, entered the main gate of the Chief Metropolitan Magistrate (CMM) Court in Old Dhaka via the Rayshaheb Bazar intersection.

As the van entered, leaders of the Jatiyatabadi Ainjibi Forum began chanting slogans demanding the punishment of former Chief Justice ABM Khairul Haque.

The vehicle swiftly made its way into the court’s lockup area.

While the former Chief Justice remained in lockup, members of the Forum continued their demonstrations right outside the detention block, demanding his punishment.

Head of the Dhaka Metropolitan Police’s prosecution division, Deputy Commissioner Tarek Zubair, entered through the court’s main gate and issued strict instructions to police personnel to prevent any untoward incidents. Following this, all entrances to the court were shut.

Members of the army took up position outside the court. Moments later, Khairul Haque was escorted out of the lockup, not via the main road, but through an inner route within the court premises.

As he neared the stairs, he was seen with hands cuffed behind his back. He wore a police’s bulletproof vest over a white shirt and black trousers, with leather sandals on his feet. Two police officers assisted him as he ascended to the third floor, leaning on them for balance. Once upstairs, he was placed in the dock.

While standing in the dock, a police officer attempted to remove his handcuffs. The former chief justice stood with his head bowed. At that time a police officer unfastened the cuff on his right wrist; it was dangling from his hand. He remained silent, head lowered, in front of an audience of over 100 members of the Jatiyatabadi Ainjibi Forum and several state prosecutors.

At 8:10 pm, Additional Chief Metropolitan Magistrate Md Sanaullah entered the courtroom from his chamber. The former chief justice looked up briefly, then bowed his head again.

Earlier that morning, Khairul Haque had been arrested from his Dhanmondi residence—the first time in Bangladesh’s history that a former Chief Justice had been taken into custody. Later, he was taken to the office of the Detective Branch of Dhaka Metropolitan Police.

Jubo Dal activist Abdul Kaiyum was killed during the demonstrations of the Anti-Discrimination Student Movement and the public in the capital’s Jatrabari area on 18 July last year. Khairul Haque is one of the accused in the murder case filed at Jatrabari police station.

The case’s investigation officer, inspector Khaled Hasan, submitted a written petition to the court seeking Khairul Haque’s detention.

In a written petition, he accused Khairul Haque of repeated breaches of trust, forgery and even acts of sedition through misrepresentation of judicial verdicts while serving as the chief justice from 2011. He mentioned pending cases against the former CJ in Bandar and Fatullah police stations in Chattogram for sedition, and another in Dhaka’s Shahbagh for violating his oath of office while in office.

The investigation officer told the court, “The accused is a highly influential person. Granting him bail could obstruct the investigation and incite unrest among students, citizens, and political groups. Therefore, I request the court to keep him in custody until the trial concludes.”

Speaking on behalf of the complainant, Khorshed Alam—former president of the Dhaka Bar Association and president of the Dhaka Bar unit of the Jatiyatabadi Ainjibi Forum—told the court, “Former Chief Justice Khairul Haque was the chief architect of turning Sheikh Hasina into a fascist. He nullified the 13th Amendment, misused the verdict through forgery, and abolished the caretaker government system, thus enabling Hasina’s autocracy. He’s a stain on the judiciary and has acted no differently than an Awami League party activist.”

He added, “The judiciary is the last refuge for the people. Because of party-aligned judges like him, public trust in the judiciary has been eroded.”

As Khorshed Alam spoke, the former chief justice stood silently in the dock, head lowered, his expression reflecting despair.

He went on to say, “By abolishing the caretaker system, former chief justice Khairul Haque turned Bangladesh into a hell. BNP is a democratic party. We’ve been directed by the party’s top leadership that none of our activists must physically harm the former chief justice.”

“The way people loathe fascist Sheikh Hasina, in the same manner they detest this former chief justice as well. We thank the interim government for arresting the person most responsible for killing democracy. But why was he brought to court at night? Because during the day, had the public known, they would’ve flooded the courtroom,” he continued.

Khorshed Alam maintained, “We think, during the student-people uprising, fascist Sheikh Hasina’s law enforcement agencies and her goons shot dead unarmed students and civilians. She is facing murder charges for these killings. We think Khairul Haque should also be made an accused in each one. We believe in the rule of law. That is why, we have not, and will not, dishonour him physically. But he acted as a partisan judge.”

He also alleged that Khairul Haque was the key player behind evicting former Prime Minister Khaleda Zia from her home. “If he had not repealed the 13th Amendment, if the caretaker system had remained, the current political disaster could’ve been avoided. Sheikh Hasina also could not have turned into an autocrat” he added.

Another Forum leader and current president of the Dhaka Bar’s ad-hoc committee, Khorshed Alam Mia, addressed the court, “Your Honour, we’ve been in the legal profession for 40 years. Retired judges are also supposed to retain respect. But Khairul Haque has sinned greatly. His arrest is a partial act of atonement. He is singularly responsible for Sheikh Hasina’s transformation into a fascist ruler. Over the past 17 years, hundreds of opposition leaders and activists have been abducted, killed, or forced into exile. This former chief justice is the mastermind behind that repression.”

As he spoke, the lawyers present began chanting: “Your Honour, he is a disgrace to the judiciary!”

Additional public prosecutors Azizul Haque and Abul Kalam Khan also argued in favour of detaining Haque.

At 8:30 pm, power in the courtroom was suddenly cut, plunging the room into darkness. Lawyers turned on the torches on their phones. Khairul Haque stepped back within the dock as several police officers surrounded him.

During the prosecution’s arguments, Haque looked up at the magistrate but then lowered his gaze as he listened to the accusations in silence. He had no defence lawyer representing him.

At the end of the arguments by the plaintiff’s lawyers, the court ruled, “As no bail petition has been filed and the prosecution has applied for keeping him in custody, the accused is to be detained in custody.”

Upon hearing the order, Khairul Haque kept his head bowed. At that time, a police officer approached, and Khairul Haque placed his hands behind his back once again. The handcuffs were reapplied, and a helmet placed on his head. Two officers supported him as he descended the stairs.

On the stairs, as he reached the second floor, a deep sadness could be read on his face.

Slowly and silently, leaning on the police members, he was taken back to the lockup via an internal court passage.

It was then 9:00 pm. Khairul Haque was placed back in the prison van, which departed for Keraniganj Central Jail.