Contempt of court: Appointing state pleader for Hasina sparks controversy

The appointment of a defence lawyer at the state expense in a contempt of court case against ousted prime minister Sheikh Hasia, who is currently absconding, has triggered debate in virtual space as well as in the legal fraternity.

The International Crimes Tribunal-1 on 19 June appointed Advocate Aminul Gani Titu to defend Hasina and Gaibandha Awami League leader Shakil Akanda Bulbul as state pleaders in the contempt of court case.

However, Titu's appointment as the defence lawyer has put the transparency of the trial proceedings in question, as he previously expressed strong opposition against Hasina during the July Movement on 5 August 2024, the day of her ouster as PM. In a Facebook post on that day, Tito labelled her a "liar" and demanded her hanging.  

Asked about the matter, Supreme Court lawyer ZI Khan Panna told TBS, "It is a question of morality that a lawyer who is vocal against a person in various ways will fight for that person in court. This is actually not possible."

"It is logical for a client to hire a lawyer with a clear image to ensure a fair trial," he added.

Contacted from TBS, ICT Chief Prosecutor Md Tajul Islam declined to comment regarding appointing the defence lawyer in the case and the legitimacy of Tito's appointment.

However, in addition to appointing the state defence, the tribunal has also appointed senior Supreme Court lawyer AY Mashiuzzman as amicus curiae in the case. 

Accused Hasina and Bulbul were both previously summoned by the court. However, both have been absconding and failed to appear before the court at the scheduled time.  

An indictment hearing in the case is set for 25 June.