Defendants Suffer as Lawyers Battle over Case Representation
Graphics: Agamir Somoy
Md. Asif, a defendant in a rape case filed with Dhaka’s Shyampur Police Station, was scheduled for a bail hearing on April 8. Hoping to secure his release from custody, he waited for good news from his lawyer. Instead, a dispute between lawyers derailed the hearing. Helal Uddin Ahmed and Imran Hossain separately submitted powers of attorney on his behalf, creating a conflict over representation. As a result, the hearing did not take place and Asif failed to obtain bail. Instead, several days passed while the legal dispute was resolved.
The matter became so complicated that it had to be referred to the bar association for settlement. The judge directed the Dhaka Bar Association to determine which lawyer would represent the case. This was not an isolated incident. Over the past six years, more than 5,500 such disputes among lawyers have caused hardship for thousands of defendants.
Asked about the problems caused by multiple powers of attorney, Supreme Court Appellate Division lawyer Ishrat Hasan told Agamir Somoy that courts become confused when more than one power of attorney is submitted in the same case. Determining the defendant’s actual legal representative becomes difficult, often delaying hearings. As a result, legal proceedings become prolonged, with particularly serious consequences for defendants in custody. She said a digital and uniform power-of-attorney system is needed to address the issue.
In another case, Amir Hamza of Hazaribagh stood accused in a dowry prevention case filed by Sathi Akter. The case was at the charge-framing stage on August 20, 2025. On that day, Dhaka Metropolitan Magistrate Hasibuzzaman found two separate applications on behalf of the defendant, submitted by lawyers Md. Moniruzzaman and Ayatul Al Amin. The court referred the matter to the bar association to decide who would conduct the case. The association later designated Moniruzzaman as counsel.
In a separate case under the Human Trafficking Prevention Act filed with Turag Police Station, Sweety Akter remained in custody while awaiting a bail hearing on March 26. Lawyers Kazi Akramul Huda and Md. Shamsuzzohha submitted separate powers of attorney on her behalf. For the same reason, the hearing was postponed, prolonging her wait for release. The bar association later appointed Akramul to handle the case.
A review of records shows that between March 3, 2020, and March 7 this year, the Dhaka Bar Association received 5,359 ‘Category-B’ files related to disputes arising from multiple powers of attorney submitted on behalf of the same defendant. After a lengthy process, bar association leaders designated the official representative in each case. Such disputes were most common between 2020 and 2022. The number declined somewhat before rising again in 2023 and 2024, although it has fallen slightly over the past two years.
An analysis of the complaints shows that many families cannot arrange legal representation quickly because defendants must be produced before a court within 24 hours of arrest. Some lawyers take advantage of this vulnerability. As soon as they learn that a defendant is being brought before a court, they obtain a signature and immediately submit a power of attorney. Later, when the family appoints a lawyer of its own choosing, disputes emerge. The matter is then referred to the bar association for resolution, significantly increasing the defendant’s suffering and the family’s harassment.
“A small number of lawyers stand in front of court lockups waiting for opportunities. In many cases, defendants’ families do not have a lawyer present. Taking advantage of that situation, and sometimes with police assistance, they obtain signatures from defendants inside the lockup and submit powers of attorney. Yet they have no legitimate reason to be inside the lockup or at the police station for case-related purposes. Their actions tarnish the reputation of the entire legal profession. That is why we have a committee to remove touts, and we periodically hand them over to the police,” explained Syed Nazrul Islam, the immediate past general secretary of the Dhaka Bar Association.
