Ex-CJ Khairul’s detention ‘arbitrary, politically motivated’: David Bergman

British journalist David Bergman has termed the detention of former Chief Justice ABM Khairul Haque as "an example of extreme politicisation overwhelming Bangladesh's criminal justice system", alleging that the arrest has no legal basis and is driven by political retribution.

"The detention of Bangladesh's former Chief Justice ABM Khairul Haque for his alleged involvement in a killing that took place during the student protests in July/August 2024 is yet another example of the extreme politicisation that is overwhelming the criminal justice system to which the government is either complicit or has turned a blind eye," Bergman wrote in a Facebook post this evening.

In his post, Bergman alleged that Khairul Haque had been detained without "any evidence linking him to this killing". He claimed that police, senior officers, magistrates, and the interim government "know very well that there is no such evidence and that no evidence will surface in the future".

"There is therefore no legal or factual justification of any kind for this arrest which is a clear violation of due process and fundamental legal principles. It is an archetypal arbitrary detention," Bergman added.

He described the detention as "widely seen as retaliation" for Haque's 2011 judgment declaring the caretaker government system unconstitutional -- a verdict that allowed the then Awami League government to abolish it.

"Those who support his arrest do so for reasons of political vengeance," he wrote.

Bergman warned that prosecuting a former chief justice over a past judgment is "a direct assault on the principle of judicial independence and the rule of law."

"While the 2011 judgment was highly controversial and had significant negative political consequences, it was a legal ruling that Justice Haque was entitled to make," he wrote.

According to Bergman, targeting Khairul Haque creates a "chilling effect" on the judiciary and pushes the country towards a "slippery slope" where judicial decisions face political retaliation.

"If the Bangladesh government or the judicial system want to retain an iota of credibility for its process of accountability for the July/August killings, it must immediately ensure that the former chief justice is released," he concluded.

ABM Khairul Haque, who served as the 19th Chief Justice of Bangladesh from 2010 to 2011, was detained on July 24 in connection with a murder case.

On July 6, Ala Uddin, 61, a BNP leader from Noakhali, filed a murder case with Jatrabari Police Station, accusing ousted prime minister Sheikh Hasina, Khairul, and 465 others in connection with the killing.

The case also names 1,000 to 2,000 unnamed Awami League activists and 100 to 150 law enforcers as accused.