Mob rule on court premises during interim period raises concerns over judicial authority
Former ministers, lawmakers, Awami League leaders, police officials and journalists were among those targeted when they were brought to court after their arrests.
The 18-month interim period following the fall of the Awami League government on 5 August 2024 witnessed a series of incidents in which mob behaviour disrupted court proceedings and raised concerns about the authority of the judiciary.
Lower courts across the country became scenes of confrontation involving lawyers, political activists and supporters of rival parties.
Former ministers, lawmakers, Awami League leaders, police officials and journalists were among those targeted when they were brought to court after their arrests.
Lawyers, litigants and court officials often described these incidents as examples of "mob rule", saying the authority of the judiciary was overshadowed by groups gathering in and around court premises.
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In several cases, disturbances extended inside courtrooms during hearings, with groups shouting slogans, obstructing proceedings or confronting lawyers representing the accused.
The situation became serious enough for the Supreme Court administration to write several times to the Ministry of Home Affairs and other authorities requesting stronger security for courts.
Legal experts say the lack of legal consequences for those involved in mob incidents during the interim government allowed the problem to persist. As a result, even after the new government came to power, isolated incidents have continued.
A recent example occurred at the Barisal court, where leaders of the Barisal District Bar Association attacked and vandalised a courtroom following the granting of bail to an Awami League leader.
The main accused has been arrested, and the High Court has issued contempt of court rules against nine pro-BNP lawyer leaders.
Law Minister Md Asaduzzaman told TBS that any attempt to create a mob in court premises would face immediate legal action.
"The law will run at its own pace, regardless of who belongs to which party," he said.
Human rights activist and senior lawyer Barrister Sara Hossain said the mob incidents during the interim period had a significant impact on the judiciary.
Speaking to TBS on 7 March, she said the interim government had shown little initiative to address the situation.
"The government appeared indifferent to these events. No meaningful action was taken against the mobs, which allowed the situation to go largely unchecked," she said.
According to her, there is still an opportunity to take legal action against those responsible, although this would depend in many cases on victims filing complaints. Authorities could also take initiative on their own.
She said the quick response to the Barisal incident had created an important precedent for protecting judicial independence.
One of the earliest major attacks took place on 14 August 2024 when Salman F Rahman, former private industry and investment adviser to former prime minister Sheikh Hasina, and former law minister Anisul Huq were produced before the Dhaka Chief Metropolitan Magistrate's Court in a murder case.
Lawyers and court staff said groups of pro-BNP lawyers obstructed the defence team and threw eggs at the accused before and after the hearing.
Both Salman and Anisul were physically assaulted, while two lawyers who attempted to defend them were also attacked and forced out of the courtroom. Police present were unable to prevent the assaults.
Similar disruptions occurred when Awami League leaders were brought to the Chief Metropolitan Magistrate's Court in cases filed after the July Uprising. Court sources said groups of lawyers and supporters created chaos during hearings and at times attempted to prevent defence lawyers from representing the accused.
However, pro-BNP lawyers have denied the allegations that they were responsible for these attacks.
Legal professionals and rights activists repeatedly expressed concern about the deteriorating environment inside court premises and urged authorities to strengthen security.
Many lawyers believed to be associated with the Awami League reportedly went into hiding after the fall of the Hasina government, while others avoided appearing in court to defend detained party leaders due to fears of retaliation.
Violence was not limited to political figures. On 7 October 2024, former Awami League minister Saber Hossain Chowdhury was attacked on the Dhaka court premises while being taken to the Chief Metropolitan Magistrate's Court lock-up. At least three people punched him and eggs were thrown as police tried to push the attackers away.
A similar incident occurred in Sylhet on 24 August 2024 when former Appellate Division judge AHM Shamsuddin Choudhury was produced before a court a day after his arrest near the border.
As he stepped out of a police vehicle, a group of people struck him on the head and threw shoes at him. He was beaten, and the protective helmet provided by police was removed during the attack.
The former judge later underwent surgery at Sylhet MAG Osmani Medical College Hospital after sustaining injuries to his left scrotum.
Former education minister Dipu Moni, journalist Farzana Rupa and singer and former Awami League lawmaker Momtaz Begum were also assaulted on the Dhaka court premises on different occasions.
Defence lawyer Advocate Morshed Hossain Shahin, who represented several detained Awami League leaders, was himself targeted multiple times.
On 22 October last year, while speaking to reporters outside the Dhaka Chief Metropolitan Magistrate's Court after representing former independent lawmaker Syed Sayedul Haque Sumon, Shahin was struck on the head by a pro-BNP lawyer.
To minimise confrontations, police sometimes adopted different strategies when producing detainees before courts, including bringing them in the early morning or late at night.
Under the law, police are responsible for protecting individuals in their custody, while the right to legal representation is guaranteed under Article 31 of the Constitution, which ensures the right to a fair trial.
Section 340 of the Code of Criminal Procedure also states that every accused person has the right to be represented by legal counsel during criminal proceedings.
Concerns over security within the judicial system were also reflected in demands made by judges themselves.
On 13 November last year, the Bangladesh Judicial Service Association issued a declaration demanding stronger security arrangements for judges' residences and protection during their travel.
The judges warned that if their demands were not met within 48 hours, they would observe a nationwide pen-down strike. The declaration was signed by association president Md Amirul Islam and general secretary Muhammad Mazharul Islam.
For many in the legal community, the incidents during the interim period highlighted the fragility of courtroom security and the need for stronger measures to safeguard the independence and authority of the judiciary.
