Bangladesh Judiciary Faces Mass Resignations Following Student Protests

Mass Resignations Shake the Judicial System as Calls for Reform Intensify Following the Fall of Sheikh Hasina's Government

0
17

 

In an extraordinary turn of events, Bangladesh’s judiciary has witnessed the resignation of Chief Justice Obaidul Hassan along with five other judges from the Appellate Division on August 10, 2024. These resignations followed a wave of intense student-led protests demanding comprehensive reforms in the country’s judicial system, particularly after the fall of Sheikh Hasina’s government.

Chief Justice Obaidul Hassan, aged 65, resigned under mounting pressure from the Anti-Discrimination Student Movement, which had gathered in significant numbers at the Supreme Court premises. The students had issued a 1 p.m. ultimatum for the resignation of Chief Justice Hassan and other judges, accusing them of being aligned with the previous Awami League administration. Faced with this unprecedented demand, Chief Justice Hassan, who had been contemplating his departure, announced his resignation shortly after the deadline.

The protests, which focused on the perceived partiality and politicization of the judiciary under the previous government, led to the abrupt cancellation of a full court meeting scheduled for the same day. The demonstrators demanded a complete overhaul of the judiciary, arguing that it had been compromised by political loyalties. The situation escalated quickly, and within hours of Chief Justice Hassan’s resignation, five other judges from the Appellate Division—Justice M Enayetur Rahim, Justice Jahangir Hossain, Justice Md Abu Zafor Siddique, Justice Md Shahinur Islam, and Justice Kashefa Hussain—also stepped down. Their resignation letters were swiftly sent to President Mohammed Shahabuddin through the Ministry of Law and were accepted, marking a significant moment in Bangladesh’s judicial history.

Chief Justice Obaidul Hassan, appointed to the Appellate Division on September 3, 2020, and previously serving as an additional judge in the High Court Division from June 30, 2009, was set to retire mandatorily on January 10, 2026. His appointment as a justice in the High Court Division was made during the presidency of Zillur Rahman and under the prime ministership of Sheikh Hasina. Before his judicial appointments, Chief Justice Hassan was an advocate at the Supreme Court, having earned his law degree from Dhaka University.

Justice M Enayetur Rahim, who also resigned, had a distinguished career, being appointed to the High Court Division on June 30, 2009, and later elevated to the Appellate Division on January 9, 2022. His mandatory retirement was scheduled for August 10, 2027. Like Chief Justice Hassan, Rahim was appointed during Zillur Rahman’s presidency and Sheikh Hasina’s prime ministership. Before his judicial career, he served as the Additional Attorney General of Bangladesh and was an alumnus of Dhaka University.

Justice Md. Abu Zafor Siddique, who also stepped down, was appointed to the Appellate Division on December 9, 2022, after serving as an additional judge in the High Court Division since April 18, 2010. His retirement was scheduled for January 1, 2026. He was appointed during Zillur Rahman’s presidency and Sheikh Hasina’s term as Prime Minister. Before his elevation to the judiciary, Siddique was an advocate at the Supreme Court and graduated from Dhaka University.

Justice Kashefa Hussain was appointed to the Appellate Division on December 9, 2022. She had previously served as an additional judge in the High Court Division starting on 5 August 2013.

Finally, Justice Jahangir Hossain, who resigned alongside his colleagues, had been appointed to the Appellate Division on December 9, 2022, following his service as an additional judge in the High Court Division starting April 18, 2010. His mandatory retirement was set for December 30, 2026. Like many of his peers, he was appointed under the presidency of Zillur Rahman and during Sheikh Hasina’s leadership. His educational background remains less documented.

These resignations have created a significant void in the Appellate Division, raising concerns about the future stability and independence of Bangladesh’s judiciary. The demands for a reformed and impartial judicial system have now reached a critical point, as the nation stands on the brink of potentially transformative changes in its legal landscape.