Lawyers worried
FROM PAGE 10
so that no lawyer could represent the accused.
However, pro-BNP lawyers denied all these allegations.
Legal professionals and rights activists have expressed concerns about these confrontations, calling for increased security on the court premises to prevent any recurrence.
According to lawyers, many well-known pro-AL attorneys went into hiding after the fall of Hasina’s regime, while some others did not dare to defend the arrested party leaders in courts, fearing reprisal.
Lawyer Sheikh Farid, who represented the accused AL leaders in the CMM court, also came under an attack. Farid and Morshed were among only six or seven advocates defending the accused in the court.
As Farid exited the CMM court building on October 17, a group of pro-BNP lawyers assaulted him, kicking and punching him even after he fell to the ground.
“We have the right to defend our clients in court. But we are being harassed and assaulted for participating in court proceedings,” Farid told The Daily Star.
On October 7, former AL minister Saber Hossain Chowdhury was attacked on the Dhaka court premises. At least three people punched Saber as he was being taken to the CMM court lockup. Eggs were also thrown at him. Several police personnel were seen pushing the attackers away.
AHM Shamsuddin Choudhury, a former judge of the Supreme Court’s Appellate Division, was produced before a Sylhet court on August 24, a day after his arrest from a bordering area.
As he got off a police vehicle, a group of people struck on his head, and some even threw shoes at him. He was beaten and the helmet provided by the police for his protection was removed.
The former SC judge had to undergo a surgery at Sylhet MAG Osmani Medical College Hospital for injuries to his left scrotum.
Under the law, it is the duty of the police to safeguard individuals in their custody, but it appears that law enforcers have failed to fulfil this obligation.
Section 328 (a) of the Police Regulation reads, “The officer-in-charge of a police station or post shall be responsible for the safe custody of all prisoners brought to the station or post.”
Supreme Court lawyer Jyotirmoy Barua said while attacks on lawyers or accused happened in the past on the court premises, such incidents have significantly risen recently. He emphasised the need for immediate action to prevent such incidents.
“A lawyer cannot physically or verbally assault his colleagues for defending a client. This is a gross violation of their professional conduct,” he told The Daily Star on October 29.
“The legal principle that everyone is presumed innocent until proven guilty must be upheld; otherwise, these troubling incidents will persist,” he added.
Noted human rights activist Nur Khan Liton said, “It is the duty of the law enforcers to ensure safety of the individuals in their custody, and any assault on an accused under such protection is a clear violation of human rights.”
The state has a responsibility to act in this regard, he said.
“The saddest thing is that some of the attackers are lawyers themselves. This kind of behaviour is unacceptable in a civilised society.”
Terming such attacks “new form of mob justice”, Nur Khan said the attackers must be brought to book.
Tareq Zubayer, deputy commissioner (prosecution division) of the Dhaka Metropolitan Police, said as the court police personnel are unarmed, they formed human shield on the court premises and sought help from the DMP’s Lalbagh Division to ensure security of the accused.
“We are deploying a large number of police personnel for the security of the accused. They are also put on helmets and bulletproof vests,” he said.
About the recent attacks on some lawyers by their colleagues, Tareq said they can lodge complaints with the Bar council in connection with those incidents.
Omar Faruq Faruqi, a top leader of a pro-BNP lawyers’ platform, and also the Dhaka metropolitan public prosecutor, said none of their fellow lawyers were involved in assaulting the accused or creating chaos.