Barrister Mainul Hosein, the eldest son of the legendary journalist Tofazzal Hossain (Manik Mia) – pioneer of modern journalism in Bangladesh, was affectionately called “Hero” in his family and friends till the last of his life.
From a young age, he was kind and warm toward everyone he met, and he was cherished by his friends and colleagues alike.
Over time, he became widely known as Barrister Mainul Hosein, particularly after returning from London as a legal professional practitioner.
Barrister Mainul truly lived up to his nickname, “Heru (synonymous to ‘Hero’ in English)”, through both his words and deeds. He showed great courage when he opposed the establishment of BAKSAL, the one-party system introduced in 1975 under the then ruler Sheikh Mujibur Rahman (later more epitomised as Bangabnadhu for political colour).
During the repressive regime of Sheikh Hasina (2009-2024), Barrister Mainul had to endure torture even in life prison solely for his firm belief in democracy and his unwavering stance on freedom of expression and independence of the judiciary.
Barrister Mainul Hosein was born in January 1940 in Perojpur – now a district under greater Barishal area.
He completed his early schooling in Calcutta, Perojpur, and Dhaka, and passed his matriculation from Nawabpur Government High School in Dhaka. During his school years, he was active in the scout movement, serving as the leader of his school’s troop. He then pursued his Intermediate in Science from Dhaka College.
In 1961, Mainul Hosein completed his Honours in Political Science from Dhaka University and left for London to study law. In December of that same year, he was admitted to the Middle Temple Inn. He returned to the then East Pakistan, now Bangladesh as a Barrister-at-Law in 1965 and joined the Dhaka Bar Council, embarking on his legal career.
Following the sudden death of his father in 1969, Barrister Mainul had to take on the responsibility of Editor of The Daily Ittefaq to manage the crisis left by his father’s unexpected passing. He continued in this role until 1973, when he returned to his legal profession, though he remained Chairman of the Board of Editors at Ittefaq.
In his formative years, Barrister Mainul was fortunate to come into close contact with the legendary political figure of the subcontinent, Huseyn Shaheed Suhrawardy, a former Chief Minister of Bengal during British rule and one of the founding figures of the Awami Muslim League (which later dropped “Muslim” from its name to present a non-communal image) in what was then East Pakistan. Tofazzal Hossain (Manik Mia), as the editor of the newspaper Ittefaq, served as a think tank for Awami politics.
Thus, young Mainul enjoyed the benefits of association of the proponent of democratic philosophy of Suhrawardi and absorbed those values as he grew older. Throughout his life, Hosein cherished and adhered to the ideals of democratic governance and legal equality.
In 1973, he was elected as a Member of Parliament (MP) from his home constituency of Bhandaria-Kathalia in Barishal.
As the youngest MP, he was a vocal critic of any laws that oppressed or violated human rights. However, in 1975, when the government introduced the one-party BAKSAL rule, it created a major dilemma for Barrister Mainul. While he had high respect for Bangabandhu Sheikh Mujibur Rahman, he could not compromise with his firm belief in democracy. As a result, he chose to resign from the parliament along with Bangabir General M.A.G. Osmani.
Both the General and the Barrister argued that they are loyal to Sheikh Mujibur Rahman, the champion of democracy, rather than to Mujib Khan in the mold of Ayub Khan and Yahya Khan, the military rulers.
From 2000 to 2001, Barrister Mainul served as the President of the Supreme Court Bar Association of Bangladesh.
He was also elected for more than one time as the President of the Bangladesh Sangbadpatra Parishad (Newspaper Owners’ Association) and was a member of the Press Council. In these roles, he contributed significantly to fostering a healthy relationship between journalists and newspaper owners.
He was also a key figure in the first Press Commission of Bangladesh, alongside Ataur Rahman Khan (former Prime Minister) and Gazi Shamsur Rahman (Chairman of the Press Council).
Together, they played a pivotal role in finalizing the legal framework for press freedom through the Press Commission Report.
In 2007, Bangladesh faced a serious political deadlock over the holding of general elections, leading to a near civil war situation and the collapse of the civilian government.
Martial law seemed imminent. In an effort to avoid this and preserve the constitutional process, Barrister Mainul reluctantly agreed to join the army-backed caretaker government as a Law Adviser. His decision was motivated by the belief that the military should be supported in avoiding martial law instead of imposing it over the country.
During his one-year tenure as Law Adviser, despite the constraints of an emergency situation, he managed to pass legislation separating the judiciary from the executive – a constitutional commitment that had been pending since 1972.
He also oversaw the codification of Bangladesh’s laws in the form of the 38-volume Bangladesh Code. During this period, the Anti-Corruption Commission was granted full independence, and the Election Commission was strengthened, all with the aim of laying a stronger foundation for democracy in the country.
Barrister Hosein put on record the role he tried to play during the caretaker government by publishing a book entitled ÔMYZ‡š¿i mvdj¨ PvwnqvwQÕ (Envisioned Success of Democracy). In addition, Barrister Mainul authored many books and wrote numerous commentaries and editorials, particularly for The New Nation, a newspaper he published.
He founded The New Nation with a deep sense of nationalism, shaping its editorial policy to nurture and promote democracy. Among all his published books, the most notable are Humanity of Justice, Bangladesh: Tragedy of Deceit and Duplicity, and Subservient is Not Freedom.
His biographical book, My Life, Our Freedom, written in Bangla, highlights the significance of the 1971 Liberation War. His book We Got Freedom, But Not Free, also written in Bangla, upholds his long-cherished dream of a democratic and non-discriminatory Bangladesh governed by law and justice.
Additionally, some of his unpublished works are set to be released through the efforts of his beloved better half, Saju Hosein (the current publisher of The New Nation), his sons, Javed Hosein and Arshad Hosein, and his daughter, Munira Hosein. These family members are now carrying forward the values for which Barrister Mainul fought throughout his lifetime.
In October 2018, Barrister Mainul Hosein was arrested as part of a political drive targeting dissident publishers, in connection with a defamation case filed by a third party in a Rangpur court.
Earlier, Masuda Bhatti, acting editor of Dainik Amader Notun Somoy, had filed charges against Hosein, accusing him of using abusive language and calling her “I want to think you a characterless” during a live talk show, Ekattor Journal, aired on the government-backed Ekattor TV.
Although Hosein was granted bail in Bhatti’s case, a Dhaka court later sent him to jail after rejecting his bail petitions in separate cases filed by unrelated parties. In total, over 20 so-called cases were filed against Barrister Mainul across the country by third parties unrelated to the issues, encouraged by those in the highest corridors of power.
Mainul spent three months in jail before finally being granted bail by the High Court Division of the Supreme Court of Bangladesh.
Barrister Hosein was a strong critic of the 15th amendment to the Constitution, which abolished the caretaker government system in 2011, based on the recommendations of then-prime minister Sheikh Hasina.
He consistently opposed the autocratic rule of Sheikh Hasina, particularly after the one-sided national election of 2014. He was also very critical of the much propagated development of Hasina administration centering ‘rods & cements’ giving way to corruption and personal aggrandisements.
Mainul was a strong critic of the midnight election in 2018 and urged Hasina to resign and hold free, fair, and participatory elections for the greater good of the country and the welfare of its citizens.
Barrister Mainul called those elections (of 2014 and 2018) ‘voterless voting’ in his writings over the years. God knows how he would define the fake polls of 2024 (Jan 07) had he been alive. God saved him from the tragedy of witnessing such dummy farcical polls by lifting him few months earlier from this 3-D world of mortality.
At last, Hasina fled the country on August 5, 2024, in the face of a mass uprising by students and the mass people. However, by that time, Barrister Hosein had already passed away.
We believe his soul must have found peace and happiness in witnessing the fall of a kleptocratic regime and the resurgence of democracy in Bangladesh.
In his final days, Barrister Mainul Hosein had been battling cancer. He passed away on 9 December 2023 at the age of 83 while undergoing treatment at a city hospital in the capital.
Barrister Mainul is certainly beloved to us as “The Hero” for democracy, free press and independent judiciary and proponent of voters’ right to vote in choosing their representatives.
Hosein was the epicentre of The New Nation, a figure who kindled hope and nurtured the spirit of democracy among us.
