Ex-Chief Justice Khairul Haque Jailed After 7-Day Remand Completion

Former Chief Justice A B M Khairul Haque has been sent to prison following the end of a seven-day police remand in a case filed at Shahbagh Police Station over alleged judgement forgery.

On Thursday, 7 August, Sub-Inspector Khalek Mia, the Investigating Officer from Shahbagh Police Station, produced Khairul Haque before the court and requested his detention in jail. Dhaka Metropolitan Magistrate Md Saifuzzaman granted the request and ordered him to be remanded to custody.

Background of the Case

The case was lodged on 27 August last year by Supreme Court lawyer Mujahidul Islam Shaheen, who accused Khairul Haque of committing judicial fraud in the verdict that invalidated the 13th Amendment of the Constitution.

Shaheen alleged that Justice Khairul, under the influence of the then Prime Minister and in pursuit of a prestigious post-retirement appointment, unlawfully altered the brief order issued on 10 May 2011 and released the full appellate verdict on 16 September 2012, thereby engaging in misconduct to please Sheikh Hasina.

Details of the Allegations

The allegations concern the 13th Amendment, which had introduced the caretaker government system during elections in 1996. This system was repealed during the Awami League government via the 15th Amendment.

Earlier in 2001, when the BNP was in power, the amendment’s legality was challenged by Advocate M Salim Ullah and others through writ petitions.

In 2004, the High Court upheld the caretaker system as constitutional. However, the Appellate Division, led by then Chief Justice A B M Khairul Haque, overturned this ruling on 10 May 2011, declaring the system null and void.

Notably, while the verdict initially allowed for the continuation of the caretaker government for two more terms, the final published version in September allegedly deviated from what was announced in open court—prompting allegations of judgement tampering.

Timeline of Key Events

Legal Provisions Invoked

• Section 120-B – Criminal Conspiracy
• Section 420 – Cheating and dishonestly inducing delivery of property

The case has triggered significant discussion in legal and political circles, especially considering the high stature of the accused as a former head of the judiciary.