IN A democracy, the judiciary is more than a mechanism for resolving disputes — it is a pillar that upholds the rule of law, safeguards human rights and ensures that every citizen is treated with fairness and dignity. The courts, as symbols of justice, are meant to be sanctuaries where the truth is sought and justice is served impartially. However, recent incidents within court premises in Bangladesh have raised serious concerns about the safety of individuals within these sacred spaces and the state’s duty to protect them.
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Recent alarming incidents
OVER the past month, a series of disturbing events have unfolded within the court premises in Bangladesh, challenging the very sanctity of these institutions. Among the most shocking incidents was the brutal public assault on several high-profile individuals. Salman F Rahman, a former adviser on private industry affairs to former prime minister Sheikh Hasina; former law minister Anisul Huq; former state minister Zunaid Ahmed Palak; and, most recently, former social welfare minister Dipu Moni, were all reportedly assaulted within the supposed safety of court premises.
Even more alarming was the recent attack on former Supreme Court justice AHM Shamsuddin Chowdhury Manik, who was hospitalised after being assaulted at court premises in Sylhet. Eyewitnesses reported that pro-BNP lawyers, along with a group of unidentified individuals, indiscriminately punched justice Manik, and some even hurled eggs and shoes at him. These incidents have not only incited public outrage but have also deeply shaken the foundation of trust that citizens place in the judicial system.
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Right to a fair trial: constitutional and international guarantees
THE constitution of Bangladesh, specifically Article 35, enshrines the right to a fair trial. This fundamental right extends beyond the courtroom; it includes the guarantee that all individuals, regardless of the charges they face, will be treated with dignity and respect within the court premises. The assault of individuals within these sacred grounds is a blatant violation of these constitutional guarantees and an affront to the rule of law itself.Ìý
In addressing state responsibility, the International Court of Justice in the Corfu Channel Case (United Kingdom vs Albania, 1949) highlighted the obligation of states to prevent their territories from being used to cause harm to others. This principle extends to the state’s duty to maintain the safety and integrity of its court premises, ensuring they are free from violence and intimidation. Similarly, the Permanent Court of International Justice in the Chorzów Factory Case (1928) emphasised the necessity of reparations for any breach of international obligations, underscoring the need for Bangladesh to take corrective action if it fails to protect individuals within court premises. On the national front, the Bangladesh Supreme Court has reaffirmed these principles in cases like The State vs Deputy Commissioner of Tangail (2011) and Rashid Ahmed vs State (1997), emphasising the government’s duty to safeguard the rights and safety of all citizens, particularly within legal settings. These judgements collectively stress the imperative for the state to uphold the rule of law and protect the dignity of those involved in the judicial process.
The right to a fair trial is also recognised under international human rights law. Article 10 of the Universal Declaration of Human Rights asserts that everyone is entitled, in full equality, to a fair and public hearing by an independent and impartial tribunal in the determination of their rights and obligations. The International Covenant on Civil and Political Rights, to which Bangladesh is a party, further reinforces this right, emphasising the state’s obligation to ensure that individuals are not only given a fair trial but are also protected from any form of intimidation or harm while engaging with the legal system.
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Erosion of natural justice
THE situation is further aggravated by reports of the denial of basic rights to those who oppose certain political forces. Lawyers and individuals attempting to defend the accused have reportedly been silenced, denied the opportunity to speak and prevented from presenting a defence. This is a clear violation of the principles of natural justice, which demand that every individual has the right to be heard and to defend themselves in a court of law. The disturbing trend of barring legal representation, as reported in cases involving pro-BNP-Jamaat lawyers, threatens the very essence of our legal system and undermines the principles of justice and fairness.
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The state’s legal obligations
THE responsibility of the state to protect individuals within the legal system is enshrined in various legal frameworks, including the Criminal Procedure Code of Bangladesh. These laws mandate the maintenance of order and security within court premises, ensuring that all parties — whether they are the accused, advocates or members of the judiciary — are protected from harm and intimidation. The recent incidents, however, reveal a disturbing failure in the enforcement of these laws. The state’s inability to provide adequate security within court premises not only endangers the lives of those involved but also erodes public confidence in the judicial system.
Under international law, the state must ensure that courts are safe havens for justice. The United Nations Basic Principles on the Independence of the Judiciary stress the importance of safeguarding the judiciary from any form of coercion, threats or interference, directly or indirectly, in the judicial process. The incidents in Bangladesh, where violence has infiltrated the very heart of the judiciary, stand in stark contrast to these principles and highlight a grave violation of international human rights norms.
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Need for immediate and decisive action
THE new government must take decisive action to address these failures and restore faith in the judiciary. Strengthening security within court premises is essential. This includes ensuring an adequate police presence, implementing strict measures against any form of violence or intimidation, and holding accountable those who perpetrate such acts. The integrity of the legal process depends on the protection of all participants, from the accused to the advocates and the judiciary itself.
In addition to immediate security measures, there must be a broader commitment from the state to uphold the rule of law. This means ensuring that the courts remain impartial arenas where justice is dispensed without fear or favour. The recent incidents are a stark reminder of the fragility of this principle and underscore the need for a renewed commitment to protecting the rights of all individuals within our legal system.
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Upholding the rule of law and restoring public trust
THE protection of individuals within court premises is not just a legal duty; it is a moral imperative. The courts must be places where justice is not only done but also seen to be done. This is critical for maintaining public trust in the judicial system and ensuring that the principles of democracy are upheld.
The recent violations of security within court premises have tarnished the image of the judiciary and, by extension, the nation. To rebuild trust, the state must act with urgency and determination. Those responsible for these acts of violence must be brought to justice, and measures must be implemented to prevent such incidents from occurring in the future.
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A call for justice and reform
THE recent incidents within court premises serve as a stark reminder that the protection of individuals within our legal system is paramount. The state must act decisively to ensure that courts remain safe havens for justice, where the rule of law is upheld and the rights of all individuals are protected. Only through such commitment can we preserve the sanctity of our judiciary and ensure that it remains a true bastion of justice for all.
By reaffirming its commitment to the rule of law and taking concrete steps to enhance security within court premises, the state can begin to restore public confidence in the judiciary. This is not only essential for the proper functioning of the legal system but also for the preservation of democracy and the protection of human rights in Bangladesh. The world is watching and it is imperative that we demonstrate our resolve to uphold justice and protect the rights of all citizens, both within and beyond the courtroom.
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Ataur Rahman Kollol is an advocate at Dhaka judge court.
