Former Chief Justice ABM Khairul Haque has been shown arrested in another murder case filed at Jatrabari Police Station, further delaying his release from custody despite having bail in seven other cases.
The court of Metropolitan Magistrate Sarah Farzana Haque in Dhaka passed the order on Saturday following an application by police, Additional Public Prosecutor Shamsuddoha Sumon confirmed.
According to court sources, after having bail upheld in seven cases, the former chief justice was shown arrested in a new murder case on Saturday. As a result, his release from custody is not happening at this time.
The investigation officer had filed an application on 16 May to show him arrested in this case, stating that preliminary evidence has been found of his involvement in the incident.
Around 11:15am, Khairul Haque was brought out of the court lock-up on a wheelchair with a helmet on his head under police guard. A water bottle was seen in his hand, but there were no handcuffs.
He was brought to the court dais at 11:19am, where his helmet was removed and he was made to sit on a wheelchair beside the dock. Several lawyers were seen fanning him with case files, and at 11:47am, a stand fan was arranged for him.
Without a hearing, he was taken back to the court lock-up at 11:50am. After 3pm, he was brought back to court, and the hearing began.
State Prosecutor Omar Faruq Faruqi argued for showing him arrested, stating that Khairul Haque had given the verdict that abolished the caretaker government system.
“For this, Sheikh Hasina appointed him Chairman of the Law Commission as a reward. However, this reward was too small for him; it should have been bigger,” Faruqi said, adding that specific involvement of the former chief justice has been found in this case.
Lawyers for the accused, including Shamim Haider Patwary, argued that Khairul Haque is not an accused named in the FIR. They noted that the time of the incident in this case is 11am, and another case where he has been shown arrested also has an incident time of 11am.
“A person cannot be in two places at the same time. The former chief justice is 81 years old. At this age, he cannot go to the streets to suppress movements. He was always under police guard, so how could he be involved?” they argued.
They also noted that the Appellate Division had granted him bail in seven cases with an order not to harass him.
After hearing both sides, the court ordered him shown arrested around 3:30pm.
The case complaint states that on the morning of 5 August 2024, Khobaib (20) was participating in an anti-discrimination student movement near Jatrabari Overbridge. At the instruction of the accused, armed members of police, RAB, and affiliated organisations opened fire on protesters, killing Khobaib.
The victim’s brother filed the case on 16 November 2024, naming 80 people, including Sheikh Hasina, Sheikh Rehana, and Obaidul Quader, as accused.
On 17 May, the High Court had ordered that Khairul Haque not be shown arrested without a specific case and not be harassed. Concerned about the legality of the process, his son filed a writ petition on 13 May.
Khairul Haque was arrested from his Dhanmondi residence on 24 July last year and has been in jail custody since then.
