A judge now has to think ten times about whether to grant bail: Sara Hossain

Senior Supreme Court lawyer Sara Hossain has criticised the repeated denial of bail in cases related to the July mass uprising killings. Referring to the fact that the July uprising took place to achieve a new Bangladesh and to end injustice, she said, “The situation now is such that a justice or judge has to think ten times about whether they should actually grant bail to someone.”

She made these remarks on Sunday afternoon while speaking at the third session of a daylong national convention organised by the NCP’s Reform Implementation Committee at the Institution of Diploma Engineers, Bangladesh (IDEB) in Kakrail, in the capital.

The convention, titled 'National Convention on Energy, Economy, Reform and Referendum', had as its third session theme 'Freedom of Expression and Human Rights: Current Risks and the Way Forward'.

Addressing NCP leaders, activists, and attendees, Sara Hossain raised the question: are human rights only for those who share my ideology, party, group, gender, and religion, or are they for everyone? She further asked whether we are willing to respect the human rights of those who do not share our beliefs.

She stated that human rights are universal, inalienable, and indivisible. They encompass not only freedom of speech, but also the right to life, freedom from enforced disappearance and torture, as well as political, economic, and social rights. Each of these rights should apply equally to everyone, and political ideology should not be a factor. But what are we seeing in reality?

Before Sara Hossain, former member of the Commission of Inquiry on Enforced Disappearances, Nabila Idris, described the horrific experiences of victims of enforced disappearances during the Awami League’s rule.

Referring to that account, Sara Hossain said that detainees were often brought before courts after long periods, and eventually they would receive bail. However, that marked only the beginning of a prolonged cycle of human rights violations. But what do we see now? Bail proceedings do not even begin; bail is not granted at all. In some cases, especially for those whose ideology differs from yours, bail is simply denied. Do you agree with this?

She noted that in various cases related to the July uprising, state prosecutors argue against bail by saying, "The charge sheet will be filed, the investigation will be completed, and once the investigation is complete, evidence will emerge—so the accused cannot be released."

She said these arguments are being made in the name of the people of Bangladesh, as public prosecutors present them before higher courts, claiming that this is necessary to ensure justice for those killed in July.

Reiterating that the July uprising was meant to build a new Bangladesh free of injustice, Sara Hossain said, "Now the situation is such that a justice or judge has to think ten times before deciding whether to grant bail—even when no evidence has been presented against the accused to date."

"We want proper justice for the July killings. But what we see is that investigations are not being completed, no evidence is being presented. Is this not a mockery of the July martyrs? Many people are being detained in their name—it increasingly appears to be for political purposes," she added.

Referring to the current situation in the Supreme Court Bar Council, where individuals associated in any way with the Awami League are unable to contest elections, she said, “They regularly attend court and practice law. There are no allegations against them of murder or any wrongdoing. Their biggest ‘offence’ may be that they were supporters or members of the Awami League at some point. Now they are not contesting as Awami League candidates, but as lawyers. Yet they are not being allowed to run. Is this not a restriction on their freedom of expression?”

The session was chaired by NCP spokesperson Asif Mahmud Sajib Bhuiyan. It was moderated by NCP Member of Parliament Abdullah Al Amin. Other speakers included former Chief Prosecutor of the International Crimes Tribunal Tajul Islam, journalists Ashraf Kaiser and Zyma Islam, president of NCP’s youth wing Jatiya Juboshokti Tarikul Islam, and fact-checker and human rights activist Minhaj Aman.