A troubling pattern has emerged over the past year in the legal proceedings against former chief justice ABM Khairul Haque, with his release repeatedly being blocked through fresh arrests in separate cases.
Each time he secured bail in one case and appeared close to release, police sought his arrest in another case, requests that courts subsequently approved.
Despite obtaining bail from the Appellate Division, Khairul Haque has remained in custody after being rearrested in eight separate cases.
Speaking to TIMES of Bangladesh, his lawyer Motahar Hossain Saju criticised the practice, saying repeated arrests to prevent release undermine the rule of law.
“Such a practice should not happen in a civilised country,” he said.
Questions have been raised over the allegations against Khairul Haque since his first arrest following the July 2024 mass uprising.
Lawyers close to him argue that despite repeated assurances from the interim government that no one would face harassment through false cases, his situation has remained unchanged.
They said the same continued after the BNP came to power following the 12 February general election.
Many in the judiciary believe the repeated murder and attempted murder cases against the former chief justice are linked to a landmark constitutional verdict delivered nearly 15 years ago.
Khairul Haque served as chief justice from 30 September 2010 to 17 May 2011.
On 10 May 2011, an Appellate Division bench headed by him declared the 13th Amendment to the Constitution, which introduced the caretaker government system, unconstitutional.
The ruling allowed the then Awami League government to abolish the caretaker system and conduct elections under an elected administration.
After retirement, Khairul Haque served three terms as chairman of the Law Commission before resigning on 13 August 2024 following the fall of the Awami League government.
His arrest on 24 July 2025 at his Dhanmondi residence marked the first time a former chief justice had been detained in Bangladesh. He was later accused in the murder case of Jubo Dal activist Abdul Qayyum Ahad in Jatrabari, Dhaka, during the July uprising.
The legal proceedings continued this month when Dhaka Metropolitan Magistrate Arifur Rahman ordered him to be shown arrested again in an attempted murder and explosives case filed with Banani Police Station.
The order followed an application submitted by investigating officer SI Saiful Islam on 2 July.
During a virtual hearing, defence lawyer Monayem Nabi Shahin argued that although the alleged incident occurred on 4 August 2024, the case was filed only on 11 November 2025, around 16 months later. He also pointed out that the case named a third accused as “Md Khairul Haque” without mentioning his father’s name or address.
The prosecution said investigators had been unable to obtain those details earlier.
Khairul Haque moved the High Court seeking protection from repeated arrests.
On 17 May, the court directed that he should not be shown arrested in any new case without specific grounds or subjected to further harassment.
However, lawyers allege that the order has not been followed.
Senior Supreme Court lawyer Sarwar Ahmed told TIMES that while individuals must face trial for specific crimes, repeatedly adding new cases against someone damages public confidence in the justice system.
TIMES of Bangladesh could not obtain a statement from state representatives on the allegations.
