The Subversion of the Bench: How the Legal System Was Weaponized against Dissidents

Between 2009 and 2024, the judicial branch in Bangladesh underwent a systematic structural transition: from an independent constitutional arbiter to an active enforcement arm of executive monocracy.

1. The 16th Amendment Crisis & The Coercive Ouster of Chief Justice SK Sinha

In July 2017, the Supreme Court Appellate Division unanimously struck down the 16th Constitutional Amendment, which had sought to empower a partisan parliament to impeach Supreme Court judges. Chief Justice Surendra Kumar Sinha wrote a searing verdict warning that “no nation is made by or belongs to one person alone”.

The executive reaction dismantled judicial independence for good:

• The Chief Justice was placed under de facto house arrest by intelligence agencies.
• He was forced on medical leave abroad, where state agents coerced his resignation in Singapore and New York.
• The message to all sitting High Court judges was unmistakable: non-compliance with the executive will result in forced exile, persecution, or removal.

2. Subservience of the Subordinate Judiciary

Through the Ministry of Law’s direct control over judicial postings, promotions, and disciplinary measures, lower court judges who granted bail to high-profile opposition leaders faced swift administrative punishment and transfer to remote districts.