Barrister Mainul’s invaluable contribution to freedom of speech

Barrister Mainul Hosein was a highly respected lawyer and political figure in Bangladesh, known for his legal expertise, political acumen, and his role in various critical phases of the country’s political history. His reputation, however, is multifaceted, shaped by his contributions to law and governance, as well as his vocal criticism of political regimes, especially the Awami League under Sheikh Hasina.
Barrister Mainul Hosein was the publisher of The Daily New Nation, a well-known English-language newspaper in Bangladesh. Through his involvement in the media, Hosein maintained a platform to voice his opinions on legal and political matters. His newspaper has often been a space for critical and independent journalism, reflecting his belief in free speech and democratic values. This has further solidified his reputation as a defender of democratic principles. As a media owner, Hosein was associated with independent journalism, critical of government actions when necessary. His newspaper’s editorial stance was often viewed as balanced, despite the political pressures that media outlets face in Bangladesh.
Barrister Mainul Hosein’s lifelong struggle for democracy and his dedication to the rule of law have made him immortal in the hearts of peace-loving people in Bangladesh. He also earned widespread respect for his legal expertise and long-standing career as a barrister with a reputation for defending high-profile cases and offering insightful legal opinions on matters of national importance. He is well-regarded in the legal community for his deep understanding of constitutional law and his ability to advocate in complex legal matters. His role as a former adviser to the caretaker government, where he oversaw important portfolios such as law and information, highlighted his legal and administrative skills. Many within the legal profession view him as a competent and principled lawyer who contributed significantly to Bangladesh’s legal landscape.
Sheikh Hasina’s government has faced wide criticism for its treatment of political opponents, its suppression of free speech and dissent, and the erosion of democratic institutions. Allegations of persecution of political opposition, harassment of civil society and media, and suppression of dissent have been recurrent during her time in office. Critics often describe her leadership as repressive, pointing to the consolidation of power and the use of legal and administrative means for political gain. Sheikh Hasina’s government has been strongly criticized for what many perceive as harsh and unjust actions taken against political opponents, including the renowned lawyer and political figure Barrister Mainul Hosein. The treatment of Hosein, especially during the period leading up to and following the 2018 national elections, is seen by many as part of a broader strategy by the Awami League government to suppress dissent and opposition through legal measures, public humiliation, and harassment.
Mainul Hosein’s outspoken criticism of the Awami League and his association with opposition movements, such as the Jatiya Oikya Front (National Unity Front), made him a prominent political figure. His legal and political opinions, especially concerning the Awami League’s governance and human rights issues, often sparked debate. His opposition to the ruling Awami League earned him both supporters and detractors. While opposition supporters viewed him as a champion of democratic rights and a fearless critic, those aligned with the government tended to dismiss him as politically motivated.
Barrister Mainul Hosein’s arrest in 2018 is a clear example of the government’s intolerance towards critics and political figures who posed a challenge to its authority. Hosein, a vocal critic of Sheikh Hasina’s government and a key figure in the Jatiya Oikya Front, was arrested after making a remark during a live television debate.
Hosein had to face significant challenges following his remark on a female journalist during a 2018 live television programme, where he was intentionally questioned over his political affiliations. This led to widespread backlash, particularly from some so called women’s rights groups and civil society, triggering a series of defamation lawsuits against him. While many viewed the government’s reaction as politically motivated and excessive, the controversy put impact on Mainul’s physical and mental health as the subsequent actions taken against him – numerous legal cases filed across the country and his arrest – suggest that the government viewed him as a political threat and moved swiftly to neutralise him. Over a dozen defamation cases were filed against Hosein in different districts, forcing him to attend court hearings in remote areas, a tactic often used to harass political opponents. These cases were seen as an attempt to overwhelm him financially and mentally, effectively trapping him in legal battles.
Hosein’s arrest was widely condemned, as it was carried out in a manner that many described as harsh and degrading. He was denied bail on multiple occasions, even though defamation is generally a bailable offense. His health reportedly deteriorated while in custody, and his family and legal team expressed concerns about his detention conditions. The way he was treated – transported to courts, denied adequate medical care, and held in poor conditions – amounted to psychological and physical mistreatment.
After his arrest, Hosein was moved between different courts and jails across the country, often in remote and difficult-to-reach areas. This form of legal and physical harassment, which exposed him to unnecessary stress, was seen as a deliberate attempt to break his spirit and diminish his political influence. The constant transportation between courts was not only exhausting but also intended to degrade him publicly.
The Awami League government’s actions against Hosein went beyond legal persecution. The campaign against him involved a calculated effort to discredit him. His arrest was widely publicized, and pro-government media outlets often portrayed him negatively. This public vilification was part of a broader strategy to tarnish his reputation and portray him as a criminal rather than a respected barrister and political leader.
Hosein was frequently photographed and paraded in handcuffs during court appearances, a tactic used to publicly shame political opponents in Bangladesh. For a man of his stature – a former adviser to a caretaker government and a prominent lawyer – this public shaming was particularly degrading.
Hosein’s treatment raised serious concerns about the denial of due process under Sheikh Hasina’s government. Despite being a senior lawyer and former adviser, he was treated without respect for his legal rights. His bail applications were repeatedly rejected, and he was subjected to multiple legal proceedings in different districts, making it nearly impossible for him to mount a proper defense.
The fact that so many cases were filed against Hosein in different courts suggests a coordinated effort to deny him justice. The government appeared to be using the legal system not to seek justice, but to prolong his detention. The repeated denial of bail in a non-violent defamation case also raised questions about the judiciary’s impartiality under the Awami League’s rule.
Many believe that Sheikh Hasina’s actions against Hosein were driven by political revenge. Hosein had been a key figure in the Jatiya Oikya Front, which was challenging the Awami League in the 2018 elections. His legal expertise and political influence made him a significant figure in the opposition’s push for free and fair elections. By targeting him, the government sought to weaken the opposition and send a message that dissent would not be tolerated.
The timing of Hosein’s arrest and the intensity of the legal actions against him suggest that the government was intent on silencing him ahead of the 2018 elections. His involvement with the opposition and his criticism of the Awami League’s policies made him a target of political persecution. By removing him from the political landscape, the government sought to stifle opposition voices and secure its hold on power.
The treatment of Barrister Mainul Hosein drew widespread condemnation both within Bangladesh and internationally. Human rights organizations and legal experts condemned the government’s actions as politically motivated and in violation of his rights. The legal persecution, combined with public shaming, was seen as an example of the government’s authoritarian tendencies.
Barrister Mainul Hosein is no longer with us, but his legacy as a defender of democracy, free speech, and the rule of law endures. If he were alive today, he would likely take satisfaction in the transition towards greater democratic freedoms in Bangladesh.
Barrister Hosein’s contributions to Bangladesh’s democracy are wide-ranging, from his role as a legal advocate, politician, journalist, and public intellectual. He was a strong proponent of free and fair elections, judicial independence, and freedom of the press. Despite facing political harassment, his consistent advocacy for democratic reforms and political pluralism made him a key figure in Bangladesh’s ongoing struggle to strengthen its democratic institutions.