An extraordinary incident inside a courtroom has sparked widespread discussion in Gopalganj as well as among legal circles in Dhaka.
As a trainee female lawyer remains under treatment after being hit by a paperweight allegedly thrown by a judge, and lawyers have taken to the streets in protest, a key question has emerged: what legal remedies are available in such a situation?
On Wednesday afternoon, Judicial Magistrate Court-2 in Gopalganj witnessed allegations that Judge Md Sujon Mia threw a paperweight at a trainee lawyer Sabiha Sultana.
The following day, amid protests by lawyers in Gopalganj, the law ministry ordered the judge’s withdrawal. The order instructed him to hand over his responsibilities by the afternoon. His cognisance power has also been withdrawn.
However, lawyers have demanded not only administrative action but also legal proceedings. They said that if a lawyer behaves unexpectedly in court, a judge can take action against them.
A judge may issue necessary orders to maintain courtroom discipline, initiate proceedings for contempt of court under the law, or seek assistance from law enforcement agencies. But they said the judge’s authority also has limits and does not include physically assaulting anyone.
Under Section 323 of the Penal Code, 1860, voluntarily causing hurt can result in imprisonment of up to one year, a fine, or both. Dhaka Bar Association President Anwar Zahid Bhuiyan told TIMES of Bangladesh, “This is in no way acceptable. What the judge has done is something nobody can do.”
According to people present in the courtroom, Judge Sujon Mia became annoyed over conversations among some lawyers seated at the back of the courtroom during proceedings. He first struck the table and signalled them to remain quiet.
When the situation did not improve, he threw a glass paperweight kept on his table. The paperweight hit trainee lawyer Sabiha Sultana on the right side of her head. She was later admitted to Gopalganj Medical College Hospital for treatment.
Following the incident, leaders of the district bar association lodged a verbal complaint with the chief judicial magistrate.
The next day, lawyers at a protest rally in Gopalganj said a judge who could behave in such a manner inside a courtroom had lost the moral right to perform judicial duties. Shortly after the protest, lawyers expressed satisfaction after the order to withdraw the judge was issued.
Gopalganj Bar Association President Kazi Abul Khayer told TIMES, “The incident was not intentional. Perhaps he threw the paperweight in the heat of the moment. The judge does not know the person who was hit on the head and there is no personal dispute between them. We have already resolved the matter through discussions between both sides
