HC Bars Arrest of Khairul Haque Without Specific Case

The High Court has directed law enforcement agencies not to arrest former chief justice ABM Khairul Haque without a specific case, following a writ petition challenging the legality of repeatedly showing him arrested in new cases after he secured bail.

A High Court bench passed the order on Sunday after hearing the petition filed on behalf of the former chief justice.

According to lawyers involved in the case, the court’s directive means that authorities cannot show Khairul Haque arrested in any fresh case without following due legal process and presenting specific allegations.

Court sources said Khairul Haque had earlier obtained bail from the High Court in five separate cases. However, after securing those bail orders, he was shown arrested on March 30 in two separate murder cases filed with Jatrabari and Adabor police stations in Dhaka.

Challenging the legality of the repeated arrest procedure, his son Ashik Ul Haque filed a writ petition with the High Court last Wednesday.

The petition argued that repeatedly showing an accused arrested in fresh cases after bail raises serious questions regarding constitutional rights and personal liberty. It also sought judicial scrutiny of the practice.

During the hearing, the petitioner’s lawyers told the court that repeatedly implicating a person in new cases without clear legal grounds and specific allegations contradicts the principles of justice and fair process. The state also presented its arguments before the court.

Khairul Haque served as the chief justice of Bangladesh from September 30, 2010 to May 17, 2011. During his tenure, the Appellate Division led by him delivered the landmark verdict on May 10, 2011, declaring the 13th Amendment to the Constitution unconstitutional and scrapping the caretaker government system.

Police arrested Khairul Haque from his residence in Dhaka’s Dhanmondi area on July 24 last year. He was later shown arrested in the murder case of Jubo Dal activist Abdul Kaiyum Ahad during the July movement in Jatrabari.

He has remained in jail since then.

Lawyers concerned said the latest High Court order provides temporary legal protection to the former chief justice and makes it mandatory for authorities to comply with court directives before taking any further action in new cases.