Bangladesh chief justice Obaidul Hasan resigns under pressure

Hours after several hundred students assembled at the high court in Dhaka on Saturday morning, 10 August, chief justice of Bangladesh Obaidul Hasan tendered his resignation to the president. There are reports that several other judges too have resigned.

Once it became known this morning that the chief justice had convened a full court meeting of all judges, the alarm was sounded by the students. In a facebook post student advisor in the interim government, Asif Mahmud called upon the chief justice to resign and expressed apprehension that the full court meeting of the judges was convened to stage a judicial coup.

The Bangladesh Constitution has no provision for an interim government and following what is being called as the ‘Monsoon Revolution’ or the ‘August Revolution’ in Bangladesh, questions were being raised about the legal validity of the interim advisory council or government. Students possibly apprehended that the full court hearing was meant to declare the interim arrangement unconstitutional. As coincidence would have it, son of the deposed prime minister Sheikh Hasina, Sajib Wajed Joy, told Reuters that his mother had not officially resigned and that she continued to be the prime minister of Bangladesh.

Hundreds of students started assembling at the high court following the call by Asif Mahmud. By 10.30 am on Saturday it was announced that the full court meeting had been called off. Hours later the chief justice announced his decision to step down.  

Meanwhile, law advisor Prof Asif Nazrul, who held a meeting with officials of the ministry of Law and Justice, told the media that the the chief justice should respect the demands of the students and uphold the dignity of the judiciary. “The way the chief justice had called the full court meeting, it seemed like a move in favour of the defeated autocratic forces,” he added.

The chief justice, he pointed out, had courted controversy last month by questioning the students’ protest. The CJ had reportedly observed that street protests could not change judicial verdicts. This was interpreted as supportive of the regime then in power and against the protestors. And was not well received by the people, claimed the law advisor to the interim government.

He also alleged that during his visits abroad, the chief justice stayed at the residence of several Awami League leaders. During this protest led by students, the CJ had asked what the protest was all about, which again made him very unpopular among the protestors. The protestors had questioned the role of the judiciary and its failure to rein in the regime and uphold civil and human rights of the people. “We believe the Supreme Court is our biggest institution for protecting the constitution and human rights. No one should do anything that positions the Supreme Court against the people and the mass movement led by the students," Prof Nazrul added.

Even as the army was deployed at the Supreme Court, students dispersed after being informed that the CJ had resigned.

The Law ministry announced during the day that it was decided to withdraw all political cases and cases against students under anti-terrorism laws within the next three days. It was also decided to free all juveniles and protestors held during the movement.