Who will dare to even issue an order amid environment of fear: Sara Hossain
Supreme Court’s senior lawyer Sara Hossain said the pervasive fear grips the judiciary of the country one year into July mass uprising.
“None can say there is no fear the country now. This fear exists both inside and outside the judiciary. Judges are constantly worried about who might speak out against them if they take a particular decision. If a group raises its voice loudly against a judge for any reason, that judge’s career is practically over. In such a climate of fear, who can deliver proper verdicts? Let alone verdicts—who will even dare to issue an order,?” Sara said.
She made these remarks on Wednesday morning at a roundtable discussion organised by Prothom Alo at its office in Karwan Bazar, Dhaka.
The discussion, titled “July Uprising: One Year On—Reflections and the Road Ahead,” was moderated by Prothom Alo Executive Editor Sajjad Sharif.
At the beginning of the discussion, participants expressed condolences for the casualties caused by the recent fighter jet crash at the Milestone School and College building in Uttara. A minute of silence was observed.
Sara Hossain said, “Despite much discussion over the past year regarding the independence of the judiciary, no structural changes have occurred that we can be proud of. Even the initial changes that did take place need further examination to determine whether they were appropriate. Why were High Court judges removed? We still don’t know the reasons. And no one is even allowed to talk about it. Newspapers are not making serious efforts to report on these issues either.”
Regarding the wave of blanket cases filed across the country after July–August, she said, “Tens of thousands of names have been included in these cases. Whether they were justified or not must be independently reviewed. These sweeping cases are a matter of national embarrassment.
The government is trying to distance itself, saying, ‘We didn’t file the cases; the public did.’ But government lawyers never stand in court to say that these cases are unjust. The burden of detaining innocent people for ten months lies squarely on them.”
She alleged that justice is being served selectively based on political identity, with the intention of fulfilling political motives. “It is being said that no bail will be granted in any of the July–August cases. Even if state agencies or authorities are not directly responsible for these human rights violations, their absence and negligence are evident. The powerful believe that they alone deserve rights—not their opponents. This mindset must change,” she added.
On judicial reform, she stressed, “At the very least, we must create a space where people can seek justice.”
Sara Hossain also criticised the continued use of the death penalty in the justice system. “After the dramatic events of July–August, why couldn’t we rethink this issue? Several individuals in the current government have always spoken against the death penalty. So why, after assuming power, did they say they couldn’t convince the public otherwise? They didn’t even try.”
She further noted that minorities remain silent in the face of injustice out of fear. The culture of blaming victims must change, she emphasised. “Is this what we wanted? Or did we want truth to be uncovered, accountability to be ensured, justice to be served, and fairness to prevail? We are far from that goal. We must find a way to get there,” she said.
Participants at the roundtable included writer and thinker Farhad Mazhar, Executive Chairman of the Power and Participation Research Centre (PPRC) Hossain Zillur Rahma, member of the Ganatantrik Odhikar Committee and former professor at Jahangirnagar University Anu Muhammad, writer and researcher Altaf Parvez, Professor Saeed Ferdous, filmmaker Kamar Ahmad Saimon, writer and political analyst Zahed Ur Rahman, writer and researcher Maha Mirza, and young researcher Sahul Ahmed, among others.