
Bangladesh Nationalist Party secretary general Mirza Fakhrul Islam Alamgir has called for exemplary punishment for former chief justice ABM Khairul Haque, holding him directly responsible for the gravest political and constitutional crisis in the history of Bangladesh.
He made the demand while speaking to reporters at the BNP Gulshan office on Thursday.
Fakhrul alleged that Justice Khairul’s verdict that led to the cancellation of the caretaker government provision was deceitful, politically motivated, and deeply damaging to the nation.
He argued that the controversial ruling was a betrayal of public trust and a direct assault on the democratic process.
‘Khairul Haque misused his authority and played with the future of Bangladesh. His short verdict and the full version were so drastically different—like the sky and the earth. This was not a judicial decision, it was a political manipulation,’ said Fakhrul.
The BNP leader resented that the verdict not only permanently dismantled the caretaker system — a mechanism designed to ensure free and fair elections — but also triggered years of political instability, electoral disputes, and erosion of public trust in the judiciary.
He said that Justice Khairul’s actions undermined the very foundation of the state, accusing him of being a partisan actor cloaked in judicial robe.
‘The trust of the people in the judiciary was destroyed because of him. It is the greatest harm one could inflict upon a nation from such a high position,’ Fakhrul said.
Meanwhile, a number of Supreme Court lawyers welcomed the arrest of Khairul Haque, accusing him of violating judicial norms in the 2011 verdict that abolished Bangladesh’s election-time caretaker government system. They demanded his trial and exemplary punishment to serve as a warning to future judges.
Prominent among those calling for justice for Khairul are pro-BNP lawyers Zainul Abedin, Supreme Court Bar Association president AM Mahbub Uddin Khokon, Kayser Kamal, senior lawyer Ahsanul Karim, and Jamaat-leaning lawyer Mohammad Shishir Manir.
A team of Dhaka Metropolitan Police Detective Branch detained former chief justice ABM Khairul Haque in the capital’s Dhanmondi area on Thursday morning.
DMP DB joint commissioner for South and Admin Mohammad Nasirul Islam said that a team deatined him at about 8:30am on Thursday in Dhanmondi area.
Fakhrul welcomed the recent steps taken by the government to initiate an investigation into Khairul’s conduct and demanded a transparent and fair trial, urging the authorities to ensure that no one in the future dared to misuse constitutional power for political gains.
‘This is a test of justice. The punishment must set an example — so no one dares to betray the people or the constitution again,’ he said.
The cancellation of the caretaker government system in 2011, following Justice Khairul Haque’s verdict, remains one of the most controversial judicial decisions in Bangladesh’s history, with long-standing political implications that continued to shape the country’s governance.
In a press statement, SCBA president Mahbub Uddin Khokon said that Khairul Haque’s actions as a judge and afterwards caused serious damage to democracy, the judiciary’s independence, and the constitutional structure of the state, sparking controversies.
He pointed to several instances, including Khairul’s role in the 2005 fifth amendment verdict as a High Court judge — declaring unconstitutional the martial law periods, including the tenures of former presidents Khandaker Mushtaque Ahmed, Abu Sadaat Mohammad Sayem, and Ziaur Rahman.
As chief justice, Khairul also led the verdict that scrapped the caretaker government system. Khokon further alleged that Khairul received Tk 39 lakh from the then prime minister Sheikh Hasina’s fund for medical treatment abroad, which he described as a ‘reward’ for the verdict.
He also criticised Khairul’s repeated appointments as chairman of the Law Commission after his retirement, calling it unethical.