Lawyer of 15 army officers withdraws from representation
Barrister Hossain, a Supreme Court lawyer and former army officer, had personally filed complaints before the tribunal and the Enforced Disappearance Commission against former Army chief general (retd) SM Shafiuddin Ahmed and two other former army officials
Barrister and retired Major M Sarwar Hossain today (23 October) announced his withdrawal as the defence counsel for the 15 army officers facing trial at the International Crimes Tribunal (ICT) in three separate cases concerning crimes against humanity, including enforced disappearances and killings allegedly committed during the Awami League government.
One of the accused in the case I filed regarding enforced disappearances is among these 15 officers
The barrister's decision comes just a day after he represented the officers during a hearing at the ICT-1.
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Speaking to journalists, Hossain explained his abrupt exit, stating that his participation would violate legal and ethical standards.
"I will no longer be involved in the legal fight for these 15 individuals," he confirmed as he elaborated to The Business Standard that one of the 15 arrested officers is an accused in the very enforced disappearance case that he himself had filed.
"One of the accused in the case I filed regarding enforced disappearances is among these 15 officers," he said. "Furthermore, according to the Bar Council rules, I cannot legally represent them in a matter where such a conflict of interest exists. Consequently, I have withdrawn myself as the lawyer for these 15 individuals."
Barrister Hossain, a Supreme Court lawyer and former army officer, had personally filed complaints before the tribunal and the Enforced Disappearance Commission against former Army chief general (retd) SM Shafiuddin Ahmed and two other former army officials.
The 15 officers, including six brigadier generals and one major general, were sent to a sub-jail inside the Dhaka Cantonment earlier this week after surrendering before the ICT in connection with the cases related to alleged atrocities carried out at the RAB Task Force for Interrogation (TFI) Cell and the Joint Interrogation Centre (JIC).
Earlier yesterday, M Sarwar Hossain said he will not represent any army officer if charge sheets show they are directly involved in enforced disappearances. That statement came shortly after the 15 officers were sent to a sub-jail inside the Dhaka Cantonment following their appearance before the International Crimes Tribunal-1 (ICT-1) yesterday.
Hossain detailed his stance in a Facebook post, emphasising his commitment to justice over blind defence as he wrote, "The charge sheets for these 15 officers have not reached our hands yet. If the charge sheet shows anyone is directly involved in enforced disappearances, I will not fight for them."
He, however, had clarified that his position is to defend officers he believes are innocent and who were unable to prevent enforced disappearances due to circumstances.
The barrister clarified his position regarding the accused officers, including former Directorate General of Forces Intelligence DGFI director general lieutenant general retired Ahmed Tabrez Shams Chowdhury and retired maj gen Hamidul Haque, stating he will only defend officers he believes are innocent and were unable to prevent enforced disappearances due to circumstances.
"I will fight for former DGFI DG Lt General Shams Tabrez and Major General Hamid. I have known Tabrez sir as my unit officer and Hamid for 35 years; I am fully aware of their character and principles," he wrote.
Barrister Hossain had also criticised the recent amendments to the Army Act 1973, stating that a new clause allowing immediate dismissal upon filing of charges amounts to "punishment before trial" and is "worse than a fascist government".
In his detailed Facebook post, Sarwar, who was defending 15 officers sent to jail, outlined his position on the ongoing judicial proceedings involving military personnel.
He targeted the most recent amendment to the Army Act, which was reportedly modified three times following the transition of power on 5 August 2024.
"The latest amendment states that immediately upon filing a charge, one is barred from contesting elections and will be dismissed from service, among other things. This is more horrific than a fascist government.
This is punishment before trial. This cannot be justice by any standard," he stated.
He warned that if this clause is allowed to remain, it would become the single biggest reason for a lack of fair trials in the future, as it pre-emptively penalises the accused.
Hossain emphasised a basic legal principle, "No one can be punished without being given a chance for defence."
He also expressed his "complete support" for the Chief of Army Staff General Waker-Uz-Zaman, praising his role in the July Uprising and the following transition of power.
"I have complete support for the army chief. He averted a bloodbath, and it is because of him that fascism ultimately collapsed," he said. "I will stand by the army chief. I will stand by the Army. I will stand by the endangered army officers and soldiers."
M Sarwar Hossain concluded by stressing his overall commitment to fairness, stating he would not defend those directly involved in enforced disappearances — including former Army chief Shafiuddin and two others against whom he himself had filed complaints — but would also ensure that "no innocent officer is punished in false cases (miscarriages of justice)."
