Vendetta In Bangladesh: How Dr. Yunus Weaponized Judiciary To Snatch Away Rights To Fair Trial – OpEd

“Fear exists both inside and outside the judiciary. Judges are constantly worried about who might speak out against them if they take a particular decision. In such a climate of fear, who can deliver proper verdicts? Let alone verdicts—who will even dare to issue an order?” warned Bangladesh prominent lawyer and rights defender Sara Hossain, months back, on the systematic rise of mob violence targeting the judicial system. 

This grim assessment marks a stark indictment to Dr Muhammad Yunus led regime’s brazen weaponization of judiciary:  an unprecedented yet meticulous use of mob rule to trample on independence of judiciary, followed by thousands of shoddy mass cases and dozens of mob violence on dissenters including leaders and activists of Bangladesh Awami League (AL) inside court premises alongside imposition of a broad ban on the party—all motivated steps executed under the pretext of serving justice to victims from last year’s July August violence that led to the regime change. 

Yet her warning to bring necessary amendments to ensure a fair trial process with regards to delivering justice to hundreds of those killed and thousands suffered injuries seemed to have fallen in deaf ears as Yunus’s press office and his advisors mounted an offensive to project opposition leaders including ousted leader Sheikh Hasina and her ministers as “mass murderers” only to make the outcome of the verdict predictable one.  

Alarmed at the pursuit of vengeance over past fourteen months to deny dissenters their right to fair trial, British House of Lords member Alexander Charles Carlile Lord Carlile echoed a similar rebuke exposing the fatal consequences of a vengeance driven judiciary. 

“The International Crimes Tribunal system in its present form urgently needs reforms to bring it to international standards. The trials must be transparent, fair, scrupulously adhering to law and constitution”, reads his statement. 

While the warning came days before the announcement of the verdict of the high-profile trial involving ousted AL leader Sheikh Hasina that draws global attention, the interim regime again turned a blind eye. 

Instead of putting an immediate end to such regressive measures that turned the trial process into a farce, Yunus regime rather rolled out a barrage of steps that further undermines international standard and fairness. 

Days later, Yunus from his verified page announced propaganda screening in the name of documentary sponsored by the regime across the capital describing Sheikh Hasina as the only mastermind behind all the causes of rights abuses including extrajudicial killings in the past. Hailed by Islamists and anti Awami League brigade, this screening came on the heels of announcement of the verdict against Sheikh Hasina and one of her ministers, set to be delivered on November 17 by the very ICT tribunal already drew flak from independent legal experts and rights activists. But the screening failed to draw considerable audience, according to witnesses. 

Moreover, ahead of the verdict, Yunus announced to set up makeshift screenings on different locations across the capital, in addition to television and online screening, another marker of judicial terrorism to criminalise dissenters. 

Let’s take a look at Yunus led series of repressive measures that turned the trial process into a kangaroo court as described by independent experts. 

Use Of Mob Terror To Force Judges To Resign: Brazen intervention on Judiciary  

Days after Yunus took charge, unruly mob led by leaders who according to Yunus appointed him to power, laid siege to country’s apex court forcing several judges including chief justice to resign. In an interview with BBC Bangla Ahsanul Karim, an independent legal expert, pointed out such removal of judges in face of mob violates constitution. As the regime allowed mob to siege the judiciary and subsequent removal of judges without any inquiry is an assault on the constitution, according to several other judges as they assert this hasty removal bypasses constitutional rule to launch inquiry against any judge if found guilty. 

Appointment Of Cabal Of Anti-AL Activists and Defenders Of War Criminals To Serve Vengeance  

After judges resigned and former prosecutors of ICT tribunal were attacked inside their home, Yunus sized on the opportunity to exclude independent legal experts and rather appointed lawyers who held proven record of holding political rank and file with Jamaat e Islami aligned party, a hardline outfit with its leaders committed war crimes like genocide in 1971 with Pakistan army to stop the birth of Bangladesh. Set up to try war criminals, the ICT tribunal saw trial of notorious self-confessed war criminals who evaded justice for over five decades until Sheikh Hasina was voted to power in 2008 and initiated the trial process though there are allegations of fairness raised by certain western countries as Jamaat spent millions for lobbying to discredit the trial process.  

Despite records of his politically charged speeches in favour of Jamaat that seeks for Sariah law and against AL, Mohammad Tajul Islam, who defended war criminals to the dismay of millions of victims who suffered at the hands of war criminals, was appointed as chief prosecutor. Similarly, several other advocates of war criminals were inducted in the prosecution team. 

Toby Cadman, a controversial British lawyer who had been earlier paid by Jamaat to shore up global opinion in its favour against AL, has been appointed as a special prosecutorial adviser to the International Crimes Tribunal’s chief prosecutor. 

Legal experts condemned these handpicked appointments of partisan legal brains as they fear such appointments opened doors for these proven anti AL advocates to score revenge.  

In a DW Bangla report, several legal experts and independent rights activists branded the trial process “politically motivated” pointing to the inclusion of political lawyers who held records of working for hardliner anti AL forces, excluding independent lawyers. Z I Khan Panna, regarded as a veteran rights activist told that “this trial process does not comply with conventional rule. By law, this tribunal is meant to try war criminals. But now the regime using it to hold trial for July August violence. This is a political tribunal”. 

Yunus’s Granting Of Sweeping Indemnity Speaks Of Motivated trial 

In yet another brazen intervention to make the outcome of the verdict a foregone conclusion, Yunus regime passed a decree granting blanket impunity for his supporters who earlier publicly admitted their involvement during the violence including killing law enforcements, looting police stations, orchestrating jail breaks to help convicted militant leaders flee, murder of AL supporters and rampant arson on government offices including metro stations. “Students and citizens who put forth all efforts to make this uprising successful will not face prosecution, arrest, or harassment for their acts between July 15 and August 8,” reads excerpts from the indemnity order. Rights activists and minority groups claimed this order is a sham that sets the tone for a premeditated verdict. 

Hundreds Of False Murder Cases Eroded Fairness: 583 Cases Against Sheikh Hasina  

The reign of Yunus has marked unbridled freedom for filing false murder cases implicating dissenters including Awami League leaders and activists across the country with total impunity. Over 1000 cases were registered so far with minority rights activists, journalists were even charged while these false cases by pro Yunus political parties. According to DW Bangla service, Sheikh Hasina has been sued in around 600 cases, a marker of all out abuse of law that legal experts view a classic example of weaponization of trial process. These false cases are an insult to everyone died and injured during the violence, further politicised the trial process. 

Systematic Mob Attack On AL Leaders And Activists In Court Premises 

Over the course of first six months, dozens of AL leaders and activist, who were imprisoned, were attacked when taken to court premises. In broad daylight, amid police presence, pro Yunus supporters were allowed to throw eggs, slap and kick AL activists inside court premises. Rights activists compared these targeted attacks with jungle rule as legal experts claimed these assaults are meant to send message to judges to comply with the demand of guilty verdict as demanded by Yunus backed supporters. 

Mob Attack On Lawyers Of Accused Sparks Fear, State Forsakes Justice  

Not only AL leaders and activists, but also lawyers representing dissenters including AL leaders and activists  were also subjected to imprisonment and intimidation. On April 6, 72 lawyers were sent behind the bars under pretext of spurious charges including killing and vandalism during July August. Take the case of lawyer of popular hindu monk Chinmoy Krishna Das, who was denied of bail and has been passing his days in prison for what rights bodies describe raising voices against Yunus’s partonage hardline Islamists who are involved in communal violence. On last December 11, lawyers who went from Dhaka to offer legal council to Chinmoy were not allowed to take part in the scheduled hearing in Chittagong. On this January 2, local lawyers were not forced to abstain from representing Chinmoy. “No legal advocate could gather courage to stand for Chinmoy. They are terrified by the fear of mob. This fear runs rife among judges, lawyers and accused across the country”, said Apurba Kumar, a supreme court advocate who seeks to stand legal defence of Chinmoy, according to DW Bangla interview. 

Rights of accused to get defence lawyer trampled  

The extent of manipulation of the so-called trial reached at such low the arbitrarily detained victims were not even allowed to get legal service from lawyers they seek to choose. Take the case of Sheikh Hasina. As defence lawyer of Sheikh Hasina, the ICT tribunal appointed a lawyer who earlier demanded her execution but later he was removed in face of controversy. Similarly, the regime trampled on the constitutional rights of scores of AL leaders and activists by barring them from availing lawyers at their choice. Even reports indicate several lawyers who sought to defend these accused were subjected to attack, a pointer that mirrors the portent of a sham trial. 

ICT’s Non-Cooperation and Attack on Defence Lawyers 

A report by DW Bangla service reveals lawyers who seek to present accused in court premises has been facing threats of attacks. A few lawyers who stood beyond the fear accused the tribunal authorities of snatching away their legal rights that dents the prospect of fair trial as a whole. 

“The state has failed to provide us with the safety as defence lawyers inside court premises. Even as legal representative of accused we were not even informed of dates of hearing. Even inside court room we were prevented from trying to present argument during hearing. They (ICT tribunal authorities) did not even provide us with necessary paper. Initially, scared of mob attack, lawyers abstained from presenting the accused. But now that some of us have stepped in, we are living in constant fear of mob attack and the state has not been doing to protect us”, several defence lawyers told DW Bangla on record. 

Broad ban on AL, Hasty Removal of Ban on Hardliner Jamaat and ICT’s Political manipulation with controversial amendment    

Months before the verdict, Yunus regime has slapped a ban on activities of AL, an extrajudicial move, according to rights bodies, designed to ensure the judges comply with the desire of Yunus as those stood accused in the trial belonged to AL. In contrary, wit

hin less than month, the regime lifted the ban on hardliner Jamaat.  Despite calls from rights bodies, the regime did not lift the ban rather Yunus further announced to bar AL from taking part in election. On the other hand, a new inclusion of Section 20C as the third amendment to the International Crimes Tribunal (Amendment) Ordinance, 2025, raised further politicization of the tribunal as it disqualifies individuals from contesting national or local elections or holding any public office once formal charges are submitted against them. Describing the inclusion a politicization of the tribunal, an academic, raised fear of political manipulation that “in future would offer legal basis to take legal action against the interim regime in future”. 

Acquittal of war criminal puts spotlight on ICT’s bias 

On 23 February, the chief prosecutor of ICT, Tajul raised the plea for a review petition hearing for Jamaat leader ATM Azharul Islam, who had been convicted by ICT for war crimes including mass killing and rape, resulting in his acquittal by the apex court months later, triggering criticism from left aligned parties. Reports indicate, during war crimes trial, Tajul worked as defence lawyer for Azharul but despite his elevation as chief prosecutor under Yunus regime he took part in defence to help Azharul evade justice. Supreme Court lawyer Shahdeen Malik explained to Prothom Alo that a lawyer should never switch sides in a case. He clarified that a lawyer cannot go from representing one party to representing the opposite party, and this applies equally to state lawyers or tribunal lawyers. Such brazen involvement of Tajul raised the serious question over the partisan role of the tribunal under the current administration and its inability to render justice in a fair manner. 

Extensive Media Trial On Regime Supplied Spliced up Audio Clip 

The same prosecution team that advocated for acquittal of convicted mass murderer from Jamaat also found involved in waging a massive media trial by supplying outlets with what many suspect edited clips of Jamat’s rival Sheikh Hasina’s phone records during the time of violence. Ostensibly aided by Yunus’s press office, several regime supplied tempered audio clips were published by national and international media outlets including the likes of BBC using the pretense of independent investigation, a classic example of media trial to put pressure not only on judges but also on the fairness of journalism. BBC made a stunning claim linking Sheikh Hasina to authorize deadly crackdown on the protesters hiding the fact that the audio clips were supplied by Tajul. After the publication of the piece, Tajul bragged about supplying the audio, raising further credibility question and veracity of these recordings. Though the regime officials projected these pieces as evidence in court, absence of any video and reliance on regime supplied audio of someone they seek to project as mass murderer further tarnishes the credibility of the audio as Sheikh Hasina claimed she never authorized shooting on unarmed students. 

Arbitrary Reshuffling and Attack On Judges  

Apart from the ICT tribunal, judges have fallen prey to violence inside courtrooms in several instances sending shockwaves across the fraternity and the regime did not take any such measure to prevent it. Also Yunus’s legal advisor has been accused of minting out money for exerting influence to ensure desired positions of judges, alongside acting soft on partisan lawyers from BNP and Jamaat.  

On May 17 this year, a Dhaka court judge was harrsed by pro BNP lawyers after he refused to grant bail to their client who stood accused of extortion. On November 27, 2024, some pro BNP lawyers threw eggs inside court room targeting a judge. But Yunus appointed chief justice did not take action against lawyers rather shifted the judge from his position. 

These partisan acts by chief justice and the law advisor to promote lawyers from BNP and Jamaat to rule judiciary even abandoning judges who refuse to bow down before them sets a chilling precedence. Under Yunus regime, at least 31 judges were forced to resign or sent to forced retirement mostly to serve the interest of BNP Jamaat, violating constitutional rules. Moreover at least at least 23 judges were appointed by the regime but these fresh appointments were mostly carried out to serve the interest of the regime, alleged several lawyers.    

Iktedar Ahmed, a former treasurer of Supreme Court told DW Bangla service, that “judges are plagued by sense of insecurity. And the government has not been doing enough to dispel their concern”. 

Yunus’s swift acquittal exposes partisan role of judiciary

One of the pressing issues that sowed doubt of judiciary is the way Yunus managed to secure acquittal from a slew of cases at a lightening speed following the regime change. Veteran lawyers point out this speedy acquittal of Yunus as a shameful abuse of power, setting precedents of overruling the verdict against Sheikh Hasina with a change in power. Z I Khan Panna, a rights activist, told DW Bangla recently that “the way Yunus secure acquittal from cases after coming to power, similarly verdicts under his watch will be overturned if AL ever comes to power”.