Lawyers are concerned about attacks on courthouses

Lawyer Morshed Hossain Shahin spoke to reporters outside the Chief Metropolitan Magistrate’s Court in Dhaka after defending former independent lawmaker Syed Sayedul Haque Sumon on October 22. Suddenly a pro-BNP lawyer came up and hit Morshed on the head.

Shortly afterwards, while he was speaking again, another attorney confronted Morshed, forcibly grabbed him and pulled him from the courthouse.

The incident is the latest in a series of attacks on lawyers, former ministers and lawmakers, Awami League leaders, police officials and journalists in courthouses across the country since law enforcement officers arrested them after the fall of the AL government on August 5.

Videos of the attacks went viral on social media.

The first attack was reported on August 14 when Salman F. Rahman, former private industry and investment advisor to ex-Prime Minister Sheikh Hasina, and former Justice Minister Anisul Huq were produced before the Dhaka CMM court in a murder case.

According to lawyers and court staff, pro-BNP lawyers regularly obstructed other lawyers from representing the suspects and sometimes even threw eggs at them before and after the hearings.

When leaders of the AL and its allies had to appear before the CMM court in cases filed after the mass uprising in July-August, a group of people, including pro-BNP lawyers, created chaos, they said.

“It is the duty of law enforcement officers to ensure the safety of those in their custody, and any attack on a suspect enjoying such protection is a clear violation of human rights.”

– Nur Khan Liton Human rights activist

In some cases, the pro-BNP lawyers caused disruptions in the courtroom so that no lawyer could represent the suspect.

However, pro-BNP lawyers denied all these allegations.

Legal professionals and rights activists have expressed concern about these clashes and have called for greater security in the courts to prevent a recurrence.

According to lawyers, many well-known pro-AL lawyers went into hiding after the fall of Hasina’s regime, and some others did not dare to defend the arrested party leaders in court for fear of reprisals.

Sheikh Farid, another lawyer who represented the accused AL leaders in the CMM court, was also attacked. Farid and Morshed were among only six or seven lawyers who defended the suspects in court.

As Farid left the CMM courthouse on October 17, he was attacked, kicked and punched by a group of pro-BNP lawyers, even after he fell to the ground.

“We have the right to defend our clients in court. But we are being harassed and attacked for participating in legal proceedings,” Farid told The Daily Star.

On October 7, former AL minister Saber Hossain Chowdhury was attacked at the Dhaka courthouse. At least three people hit Saber as he was taken to the CMM court. Eggs were also thrown at him. Several police personnel were seen pushing the attackers away.

AHM Shamsuddin Choudhury, a former judge of the Appellate Division of the Supreme Court, was produced before a court in Sylhet on August 24, a day after his arrest from a neighboring area.

As he got out of a police vehicle, a group of people hit him on the head, and some even threw shoes at him. He was beaten and the helmet provided by police for protection was removed.

The former SC judge had to undergo surgery at Sylhet MAG Osmani Medical College Hospital due to injuries on his left scrotum.

By law, it is the duty of police to protect persons in their custody, but it appears that law enforcement officers have failed to fulfill this obligation.

Section 328 (a) of the Police Regulations states: “The officer in charge of a police station or post shall be responsible for the safe custody of all prisoners brought to the station or post.”

Supreme Court lawyer Jyotirmoy Barua said that while attacks on lawyers or suspects took place on the court premises in the past, such incidents have increased significantly in recent times. He stressed the need for immediate action to stop such crimes.

“A lawyer may not physically or verbally attack his colleagues because they are defending a client. This is a gross violation of their professional conduct,” he told The Daily Star on October 29.

“The legal principle that everyone is presumed innocent until proven guilty must be upheld; otherwise, these disturbing incidents will continue,” he added.

Noted human rights activist Nur Khan Liton said: “It is the duty of law enforcement officers to ensure the safety of those in their custody, and any attack on a suspect enjoying such protection is a clear violation of human rights.”

The state has the responsibility to act in this regard, he said.

“The saddest part is that some of the attackers are lawyers themselves. Such behavior is not acceptable in a civilized society.”

Nur Khan called such attacks a “new form of mafia justice” and said the attackers must be brought to justice.

Tareq Zubayer, deputy commissioner (prosecution department) of the Dhaka Metropolitan Police, said that since the court police are unarmed, they formed a human shield on the court premises and sought assistance from the DMP’s Lalbagh Division to ensure the safety of guarantee the suspects.

“We are deploying a large number of police officers for the safety of the suspects. They will also be provided with helmets and body armor,” he said.

Regarding the recent attacks on some lawyers by their colleagues, Tareq said they can file complaints with the Bar Association in connection with those incidents.