IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. 3704 of 2023

IN THE MATTER OF:

An application under article 102 of the Constitution of People’s Republic of Bangladesh.

And

IN THE MATTER OF:

A. M. Mahbub Uddin Khokon and others

............Petitioners -VS-

The Secretary, Public Security Division, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka- 1000 and others

.............Respondents Mr. A. J. Mohammad Ali, with

Mr. A.M. Mahbubuddin Khokon, with

Mr. Md. Bodruddoza, with

Mr. Md. Ruhul Quddus Kazal, with

Mr. Md. Kayser Kamal, Senior Advocates

……..For the Petitioners. Mr. Bepul Bagmar, DAG with

Mr. Bahauddin Ahmed, AAG,

Mr. Mohammed Rezaul Hoque, AAG,

Mr. Selim Azad, AAG and

Mr. Md. Serajul Islam, AAG

.... For the respondents The 29th March, 2023

Present :

Mr. Justice Md. Khasruzzaman

And

Mr. Justice Md. Iqbal Kabir

Md. Khasruzzaman, J:

This is an application under article 102 of the Constitution of the People’s Republic of Bangladesh.

The petitioners challenged the brutal action of the police at the Supreme Court Bar Association Building on 15.03.2023 and indiscriminate baton charge on the petitioners, learned Advocates of the Supreme Court and injuring them mercilessly and driving out the petitioners and their election agents from the poling centre by depriving their rights to participate in a free fair, impartial and credible election of the Bangladesh Supreme Court Bar Association and also prayed for a direction upon the respondents to form an enquiry committee to apprise this Court as to under what authority the police stormed the Supreme Court Bar Association Building on 15.03.2023 and 16.03.2023.

Facts stated in the writ petition in short are as follows:

On 23.02.2023 the Supreme Court Bar Association declared election schedule fixing the date of poll 15th and 16th day of March 2023 for election of the executive committee of the association for the tenure of 2023-2024. On 23.02.2023 the present executive committee of the association unanimously formed an election sub- committee headed by Senior Advocate Mr. Md. Munsurul Hoque Chowdhury as Convener to conduct the election of the association for the aforesaid tenure. In continuation of the election process, Mr. Md. Monsurul Hoque Chowdhury conducted the projection meeting on 13.03.2023 to introduce the candidates for the general members,

which continued till 7.30 p.m. After successfully completing the said projection meeting at about 8.15 p.m. the petitioners came to know that the convener of the election sub-committee, Senior Advocate Mr. Md. Munsurul Hoque Chowdhury resigned from his post for an unknown reason. At this stage, the President and the Secretary of the Supreme Court Bar Association most arbitrarily without taking any approval from the other executive committee members declared Advocate Md. Moniruzzaman as convener in order to conduct the rest of the election process of the association. The learned lawyers of the Supreme Court Bar Association raised objection to appoint Mr. Md. Moniruzzaman as convener of the election sub-committee. That the present President and the Secretary printed ballot papers under their supervision and as part of their plan to rig the election, while they were filling up the ballot papers with the said so-called acting convener along with some outsiders on the day before election i.e. on14.03.2023 they were caught red handed. In such circumstances, the petitioners demanded a new election sub-committee to conduct the election afresh. While the petitioners and their election agents were peacefully staying at the auditorium, hundreds of police personnel stormed at the auditorium and brutally tortured the candidates, general lawyers and journalists and drove out the petitioners belonging to Jatiotabadi Ainjibi Oikko Panel from the polling centre. It is also stated that 3(three) criminal cases were lodged by 3