After the fall of the Awami League government on August 5 in a student uprising, most of the pro-AL lawyers did not come to courts and submitted time petitions through their juniors on behalf of their clients resulting in immense sufferings as well as financial loss for the litigants.
After a one and half month of the annual vacation, the Supreme Court resumed its functions from October 20. But, pro-AL lawyers were not visible in the court premises. Those concerned said that many litigants were not getting their lawyers. They are worried about the future of their cases. Some, however, are taking time again and again with junior lawyers. This increases the length and cost of under trial cases.
Soon after the fall of the AL government, the judicial system of the country changed rapidly as six judges of the Appellate Division including the then Chief Justice Obaidul Hassan had to tender resignation and 12 judges of the High Court Division were not allocated benches in face of student agitation. Most of them were loyal to pro-Awami League government.
Most of the pro-Awami League lawyers went into hiding soon after the fall of the AL government. They are still not seen in court and their junior submitted time petitions in most of the cases. As a result, the litigants facing suffering and in some cases litigants appointed pro-BNP-Jamaat lawyers after taking back their case files from pro-AL lawyers, some lawyers of the Supreme Court, on condition of anonymity, said.
It became known that cases have been filed against many pro-AL lawyers and some were not coming to the courts fearing arrest or mob justice as lawyers were assaulted in the Dhaka Court when they wanted to represent AL leaders, who were arrested on charges of gruesome killing incidents that took place across the country during the July-August anti-discrimination student movement.
On Thursday, the latest assault incident took place at the Dhaka court when lawyer Swapan Roy Chowdhury moved before the court on behalf of his client senior Awami League leader and former minister Amir Hossain Amu brought at the court for remand hearing.
With this, at least four incidents of assaulting defence lawyers have taken place on the premises of the Chief Metropolitan Magistrate's Court of Dhaka since August 14. Hence, many pro-AL lawyers were hiding to avoid arrest and untoward incident. But some have secretly come to court and left the court soon after completing their task.
"Why is a defendant's lawyer being oppressed? Does he not have the right to have a lawyer? Forgotten all? Are you doing this so quickly? be careful," Regarding the lawyer assault incident, Supreme Court lawyer Advocate Shishir Manir put these questions in his facebook status.
Talking to this correspondent, Shishir Manir said as per the laws of the land, social context, social norms and morally I think that the incidents happening in court need to stop very soon for the greater interest of the judiciary.
In response to another query, he said in order to stop these incidents, if necessary, issuing ordinances, issuing notifications, sending instructions from the Supreme Court to the law enforcement agencies, asking the President for instructions at various times so that such incidents do not happen in future. The judiciary must come forward to put an end to this heinous act in the court premises, he added.
Among those who are not coming to the Supreme Court are - former Law Minister Barrister Shafique Ahmed, Bangabandhu Awami Lawyers Council convener Yusuf Hossain Humayun, Ajmalul Hossain QC, former minister and former Supreme Court Bar Association (SCBA) secretary SM Rezaul Karim, Former Attorney General AM Aminuddin, former SCBA President Momtazuddin Fakir, Former Additional Attorney General SM Munir, former SCBA secretaries Shah Monjurul Hoque and Abdun Noor Dulal, Awami League Presidium Member and Senior Advocate Kamrul Islam, Senior Advocate MK Rahman, Rabiul Alam Budu, Sanjida Khanam, Barrister Tanjib-ul Alam, Nahid Sultana Juthi, Barrister Reza-e Rakib, Barrister Imranul Kabir, Barrister Mezbaul Haque and others.
Notable among those who are not coming to Dhaka Judges Court are - former Dhaka Bar Association president Syed Rezaur Rahman, Kazi Najib Ullah Hiru, Saidur Rahman Manik, Mahbubur Rahman, Abdur Rahman Hawladar, Mizanur Rahman Mamun, Firozur Rahman Montu, Anwar Shahadat, Sheikh Baharul Islam and Khandaker Gholam Kibria.
Besides, former Dhaka Metropolitan Court PP Abdullah Abu, ACC Special PP Mosharraf Hossain Kajal and many others are not coming to the court.
The list of non-appearances in the court also includes former Chief Prosecutor Syed Haider Ali, Prosecutor Mokhleshur Rahman Badal, Rana Dasgupta, Sultan Mahmud Shimon, Saidur Rahman, Barrister Tapas Kanti Ball, among others.
It may be mentioned that former minister and former SCBA secretary Nurul Islam Sujan, former state minister and former SCBA secretary Mahbub Ali, Barrister Syed Syedul Haque Sumon, former additional attorney general Mehedi Hasan Chowdhury, Dhaka bar member advocate Mostafizur Rahman Dipu have been arrested in the meantime in connection with July-August killing and attempt to murder cases.
Senior lawyer ZI Khan Panna, Motahar Hossain Saju, Barrister Tania Amir, former additional attorney general Sheikh Md Morshed and Abdul Baten secured anticipatory bail from the High Court in connection with July-August killing case.
Supreme Court lawyer Kumar Debul Dey, who was known as pro-AL lawyer, told this correspondent that many of his friends were arrested and many were hiding apprehending arrest.
He also said that his client has been taken a case from him and engaged pro-BNP lawyer for dealing.
ZI Khan Panna said many lawyers did not come to court fearing arrest and mob justice. This is definitely harming the litigants, he added.
