Harassment of accused: Lawyers speak out on security concerns
Since the resignation of the Sheikh Hasina government, several former ministers, state ministers, army officers, judges, journalists, and others have been arrested.
Many of these individuals have faced harassment on their way to court for remand hearings, including incidents involving women.
This has sparked widespread discussion and criticism, particularly given that these incidents occurred in court premises, a sensitive area supposedly under tight police security.
Harassment of accused persons in courts is not a new phenomenon; similar incidents occurred during the previous government, including a notorious militant escape from a court premises. However, this time, the context appears different, with heightened anger directed at the accused. Despite the circumstances, legal experts argue that such behavior in court is unacceptable.
On Wednesday, August 28, interim government's law adviser Professor Asif Nazrul addressed the issue, stating, "Attacks on court premises are unacceptable under any circumstances. Various strategies are being considered to prevent such incidents. No one should ever be attacked while going to court; it is unjustifiable."
Harassment incidents in court
On August 22, former Supreme Court Appellate Division Judge AHM Shamsuddin Chowdhury Manik was arrested near the border in Kanighat of Sylhet. The next day, as he was brought to the Sylhet Judicial Magistrate Court, video footage captured the moment he was attacked by a crowd after exiting the police vehicle. People struck him on the head and threw shoes at him despite the police presence. He is currently receiving treatment in a hospital.
Similarly, on August 21, Shakil Ahmed and Farzana Rupa, a journalist couple from the private television channel Ekattar, were detained at Dhaka's Shahjalal International Airport and later arrested in connection with a murder case. When Rupa was presented in court the following day, she was punched inside the police cordon, while her husband Shakil Ahmed demanded justice for the attack.
Former Awami League Minister Dr Dipu Moni was also attacked when she was produced in court for a murder case. Lawyers threw eggs at her and physically assaulted her. Other prominent figures, including former Law Minister Anisul Haque and former Prime Minister Sheikh Hasina's adviser Salman F Rahman, faced similar harassment in court, despite being surrounded by police.
Legal perspectives on harassment
According to Section 12 of the Constitution and the Police Regulations of Bengal, 1943 (PRB), it is the responsibility of the police to ensure the security of the accused during transportation from custody or prison to the court.
Advocate Manzil Morshed, chairman of the human rights organisation Human Rights and Peace for Bangladesh (HRPB), emphasised this point, stating, "Once a person is arrested and in police custody, their safety is entirely the responsibility of law enforcement. There is no exception to this rule."
Morshed noted that recent incidents of harassment raise serious concerns. "If transporting an accused to court is deemed too risky, alternative measures, such as holding court digitally with the magistrate's permission, should be considered. Law enforcement must ensure the safety of the accused, or they must take responsibility for their failure."
Human rights activist and senior Supreme Court lawyer Barrister Sara Hossain condemned the harassment, particularly the involvement of lawyers. "It's tragic that any lawyer would participate in such attacks. These incidents, especially those involving women, are both sad and condemnable."
Sara stressed the need for better control within the court area to ensure safety, adding, "Denying accused persons access to their lawyers hinders the judicial process."
Senior Advocate Barrister Ruhul Quddus Kajal of the Supreme Court echoed this sentiment, stating, "Harassing and assaulting someone simply because they are accused in a case is unacceptable. We must be moderate in our words and actions, regardless of what has happened in the past."
Supreme Court lawyer Mohammad Tajul Islam also criticised the recent incidents, saying, "Beating, attacking, and harassing individuals when they are brought to court is unacceptable. The failure to protect the accused from such behavior indicates a failure on the part of law enforcement."
Tajul added, "Even if a former judge or any other person has committed a crime, they should be treated humanely. Using derogatory language or treating them inhumanely is contrary to the rule of law."
The need for improved security
Additional Deputy Commissioner of Police (ADC) Mahbubur Rahman, from the DMP's prosecution department, said that sufficient police personnel are deployed in the courts and that there is no security concern. However, recent incidents suggest that more needs to be done to prevent overzealous individuals from causing trouble.
The situation calls for immediate action to ensure the safety and dignity of all individuals, regardless of their status as accused, when they are brought before the court.
