As part of their non-cooperation movement, the BNP and the Jamaat-e-Islami have been carrying out court boycott programs across Bangladesh advocating for various demands, such as the restoration of democracy, upholding the rule of law and preventing injustices in the name of trials.
While both parties say they aim to promote democracy through their initiatives, lawyers aligned with the ruling Awami League perceive these programs as running counter to democratic principles and rule of law and as direct interference in judicial proceedings.
Moreover, the chief justice has summoned two top leaders of the pro-BNP lawyers’ body to explain their “contemptuous” statements.
Pro-BNP lawyers announced the court boycott across the country on December 27, seven days after the launch of the non-cooperation movement, following a series of blockades and hartals marred by incidents of violence. Pro-Jamaat lawyers expressed solidarity with them.
As part of the program, the BNP-Jamaat lawyers are supposed to observe work abstention at all courts in the country, including the Supreme Court’s Appellate Division and High Court, from January 1-7.
A vice chairman of the BNP and former president of the Supreme Court Lawyers Association (SCBA), Zainul Abedin, said they want the rule of law so that the judiciary can carry out its duties impartially.
“We are not against this court. But we want to remind everyone through this movement that the courts are for the people, not the people for the courts… So that these people are not crushed by the courts and the courts can play their role properly without bowing to any administrative machinery,” he added.
However, the chief legal officer of the state, Attorney General AM Amin Uddin, said: "I went to the Dhaka Judge’s Court on the first day of court on January 1. I saw that court proceedings were going on in full swing. Some lawyers did not go to court, but it did not cause any problems in court activities.”
“The Supreme Court opened on January 2 after the vacation. The Appellate Division was packed with lawyers that day. The case proceedings are fully underway in the High Court Division. The boycott program had no effect on the court. Many (boycotters) have sent their juniors to hear their cases,” he added.
On January 3, BNP Secretary General Mirza Fakhrul Islam Alamgir's bail hearing in a case was set to be heard by a High Court bench.
During the hearing, junior lawyers requested that the bail hearing be postponed to next week as senior lawyers were busy with the court boycott program. In response, the High Court said: “The bail hearing was so urgent then… Why have you come to seek a deferral now?”
Later, the court granted the application to postpone the hearing.
United Lawyers’ Front (ULF) Co-Convener Subrata Chowdhury said: "Bangladesh lawyers have been agitating for the independence and impartiality of the judiciary for ages. And we were quite successful. But unfortunately, for the last 15 years, the government has destroyed all democratic institutions, including the courts, and has used the courts to send opposition politicians to jail.
“The courts are disposing of the cases of the opposition party leaders and activists quickly, keeping all other work on hold. It is unacceptable. As a protest, we are sending a message to the country's judiciary by boycotting the court so that they can perform their duties properly in the coming days,” Subrata Chowdhury added.
SCBA General Secretary Abdun Noor Dulal termed the boycott program uncalled for and unintended.
"The national election is a constitutional continuity and obligation. Elections are essential for the continuity of democratic systems. An election atmosphere has been created all over the country. No lawyers’ forum has any jurisdiction to announce such programs. Such calls are antithetical to democracy and the rule of law and a direct interference in the judicial process. This program is contrary to the rights of the people seeking justice,” he said.
“The BNP and Jamaat are indulging in misguided attempts to create terror and anarchy in Bangladesh. This evil force introduced a culture of impunity in Bangladesh [in the past]. Again, they are indulging in a futile attempt to introduce a culture of impunity. The achievements of carrying out such programs are zero.”
BNP lawyers summoned
On January 1, Mohsin Rashid, convener of the ad hoc committee of the SCBA formed under the patronage of pro-BNP lawyers, and its member secretary, Shah Ahmed Badal, wrote a letter to the chief justice on the pad of the ad hoc committee.
In the letter, they demanded that since the agitating lawyers would not be able to participate in hearings or attend the court during the court boycott program, further proceedings of their cases be postponed till January 7.
Because of the contemptuous language in the letter, both Mohsin and Badal have been asked to appear before the Appellate Division bench headed by the Chief Justice on January 11.
