Ex-CJ Khairul Haque shown arrested in fresh murder case, release delayed

Former chief justice ABM Khairul Haque has been shown arrested in a murder case filed with Jatrabari Police Station in the capital, delaying his release from prison despite securing bail in several cases.

Dhaka Metropolitan Magistrate Sarah Farzana Haque passed the order today (23 May) following a police application, confirmed Additional Public Prosecutor Shamsuddoha Sumon.

Court sources said Khairul Haque had earlier secured bail in seven cases, but was shown arrested again in the latest murder case, preventing his release from jail.

The investigating officer of the case, Sub-Inspector Md Ibrahim Khalil of Jatrabari Police Station, filed an application on 16 May seeking to show him arrested. The court fixed today for the hearing in his presence. 

The application stated that Khairul Haque had been identified as an accused during investigation and that evidence of his involvement was being found, making it necessary to show him arrested for a fair and impartial probe.

This morning, he was brought to court under police escort around 11:15am in a wheelchair and wearing a helmet. He was later taken to the courtroom via lift at 11:19am. The helmet was later removed, and he was seated beside the dock.

Lawyers were seen assisting him during the proceedings, and a stand fan was later arranged. He was taken back to the lock-up at 11:50am without a hearing and brought again in the afternoon for the proceedings, which began in his presence.

During the hearing, state prosecutor Omar Faruk Faruki argued in favour of the application, stating that Khairul Haque had delivered the verdict that scrapped the caretaker government system and was later made chairman of the Law Commission.

He said that investigations had found specific involvement, and requested that he be shown arrested to ensure a fair investigation.

Lawyers for the defence, including Barrister Shamim Haider Patwary, Mostafizur Rahman and Monayem Nabi Shahin, opposed the application.

They argued that there was no basis in the investigation report to show him arrested, that he was not named in the FIR, and that he had already obtained bail in multiple cases.

They also said the alleged incident time conflicted with another case in which he had been shown arrested, arguing that he could not be present at two places at the same time. They further noted that he is 81 years old and had been under police protection.

After hearing both sides, the court passed the order at around 3:30pm.

According to the case statement, Khobaib, 20, was participating in the Anti-Discrimination Student Movement at Jatrabari when armed personnel allegedly opened fire on protesters under instructions from accused individuals on 5 August 2024. He died on the spot after being hit by bullets.

The case was filed on 16 November 2024 by the deceased's brother, Jobayer Ahmed, naming 80 people, including former prime minister Sheikh Hasina, her sister Sheikh Rehana and former minister Obaidul Quader.

Earlier, on 17 May, the High Court directed that Khairul Haque not be shown arrested or harassed without specific allegations in cases where he is an accused.

He had earlier been shown arrested in two murder cases in Jatrabari and Adabor on 30 March after securing bail in five High Court cases.

His son, lawyer Ashiq ul Haque, later filed a writ petition on 13 May challenging the legality of the process.

Khairul Haque was arrested from his residence in Dhaka's Dhanmondi on 24 July last year and has remained in custody since then.