Dr. Forqan Uddin Ahmed
Barrister Mainul Hosein, the eldest son of the courageous and renowned journalist Tofazzal Hossain (Manik Mia), was born in Pirojpur district of Barishal in January 1940.
He received his early education in Calcutta, Pirojpur, and Dhaka, completing his School Final Examination (Matriculation) from Nawabpur Government High School, Dhaka. He was actively involved in the scout movement, serving as the leader of his school’s troop. He completed his Intermediate in Science at Dhaka College. In 1961, he graduated with Honours in Political Science from the University of Dhaka and later that year went to London to study law, gaining admission to the Middle Temple Inn in December. He returned to East Pakistan in 1965 as a Barrister-at-Law, joined the Dhaka Bar Council, and began his legal career.
Following the sudden demise of his father in 1969, he assumed responsibility as Editor of The Daily Ittefaq to help the organisation overcome the crisis caused by that unexpected loss. Although he returned to the legal profession in 1973, he continued to serve as Chairman of the Board of Editors. He severed all remaining connections with The Daily Ittefaq in 2010.
Barrister Mainul Hosein devoted his life to justice, democratic values, and an independent judiciary. He firmly believed that only through genuine judicial independence and necessary institutional reforms could Bangladesh overcome misrule and misgovernance.
In 1973, he was elected a Member of Parliament from his home constituency of Bhandaria–Kathalia in Barishal. As the youngest MP, he was outspoken against laws he believed oppressive or violative of human rights.
When the government fundamentally altered the Constitution in 1975 to introduce the one-party system (BAKSAL), he faced a profound dilemma. Although he maintained deep respect for Bangabandhu, he could not compromise his commitment to democracy. Consequently, he chose to resign from Parliament along with Bangabir General M.A.G. Osmani. Barrister Hosein later served as President of the Supreme Court Bar Association from 2000 to 2001.
He strongly believed that true democracy requires individuals of unimpeachable integrity, courage, impartiality, and incorruptibility to safeguard the rule of law. Such persons, he argued, do exist in Bangladesh, but it is the responsibility of the government to create an environment in which they can emerge as national leaders. He consistently emphasised that the rule of law is neither a mere rule nor a law, but a persuasive guide enabling the legislature, the executive, and the judiciary to address constitutional deficiencies and transform democracy into a living reality. Democracy, he noted, must be shaped in accordance with Bangladesh’s socio-cultural and religious context, and public awareness is essential for its acceptance and sustainability.
Although democracy is not without imperfections, he believed it remains the best system devised by humankind. The rule of law, in his view, protects citizens in their daily lives by providing a defence against arbitrary governance. Yet democracy in Bangladesh has long remained fragile. Over the past decades, political upheavals have undermined its potential, preventing the nation from fully benefiting from the hard work and resilience of its people. Political parties have often invoked the idea of “rule by the people” merely to legitimise their own authority. He argued that reforms to electoral laws — especially those enabling citizens to choose capable and honest candidates — would strengthen the fight against corruption and provide legal protection to those committed to democratic integrity.
Barrister Hosein always stood against injustice, forced eviction, and wrongdoing, guided by his unwavering moral convictions.
He consistently maintained that judicial independence is indispensable for democracy and the rule of law. Although the government officially implemented judicial separation on 1 November 2007, he believed genuine independence remained difficult to achieve. Judicial independence, he argued, extends far beyond freedom from executive influence and includes protection from social, political, and institutional pressures. Judges, he warned, cannot operate confidently in the absence of a functioning democratic system. Moreover, judicial appointments must be made with the utmost care and singular regard for national interest.
In his book Bangladesh: Tragedy of Deceit and Duplicity, particularly in the article Judiciary and Unworkable Democracy, he expressed grave concern over the politicisation of the judiciary. He criticised Chief Justice A.B.M. Khairul Haque for undermining the practice of free elections, which he regarded as the heart of democracy. He lamented that the people, deprived of meaningful voting rights, had been rendered powerless as citizens. He also highlighted the erosion of lower-court independence, noting how administrative control had shifted to the Ministry of Law. He referenced the forced departure of Chief Justice S.K. Sinha, who resisted new rules placing the lower judiciary under presidential authority exercised on the advice of the Law Ministry. According to him, an independent judiciary requires its own independent secretariat.
Reflecting on his tenure as Adviser for Law and Parliamentary Affairs under the 2007 caretaker government, he wrote that he was fortunate to have the support of his classmate Chief Justice Md Ruhul Amin and others, including Army Chief General Moeen U Ahmed, who were determined to implement judicial separation. Despite scepticism from senior officials — some claimed it would not happen even in 22 years — he insisted that separation was a constitutional obligation. A separate law was enacted to enable mobile courts run by executive magistrates, while the judiciary itself was finally separated from executive control. However, he observed that certain political actors remained hostile to an independent judiciary and succeeded in adopting rules that vested control of the lower courts in the President, acting in consultation with the Chief Justice but guided by the Law Ministry.
Barrister Hosein also served multiple terms as President of the Bangladesh Sangbadpatra Parishad and as a member of the Press Council. In both roles, he worked to strengthen relations between journalists and newspaper owners. As a key member of the country’s first Press Commission—alongside former Prime Minister Ataur Rahman Khan and Press Council Chairman Gazi Shamsur Rahman — he helped shape the legal framework for press freedom.
In 2007, as Bangladesh faced a severe political deadlock and the prospect of martial law, he reluctantly agreed to join the army-backed caretaker government, believing this was necessary to preserve constitutional continuity. Despite the constraints of emergency rule, he achieved significant reforms: the long-awaited separation of the judiciary, completion of the Bangladesh Code in 38 volumes, full independence for the Anti-Corruption Commission, and strengthening of the Election Commission — measures he hoped would reinforce the foundations of democracy.
He later documented his role during this period in Wanted Success of Democracy. He also warned that the 2018 election would be manipulated and alleged that he was unlawfully detained during the polls — an election that was ultimately widely criticised.
Barrister Mainul Hosein devoted his life to justice, democratic values, and an independent judiciary. He firmly believed that only through genuine judicial independence and necessary institutional reforms could Bangladesh overcome misrule and misgovernance. On the occasion of his second death anniversary on December 9, 2025, we reaffirm our commitment to safeguarding democracy and remember him with deep respect, praying for his eternal peace.(The writer is a former Deputy Director General, Bangladesh Ansar and VDP).
