| Khondokar Mahmud Hasan | |
| Office: | 13th Chief Justice of Bangladesh |
| Term Start: | 23 June 2003 |
| Term End: | 26 January 2004 |
| Predecessor: | Mainur Reza Chowdhury |
| Successor: | J. R. Mudassir Husain |
| Birth Date: | 27 January 1939 |
| Appointer: | Iajuddin Ahmed |
| President: | Iajuddin Ahmed |
| Primeminister: | Khaleda Zia |
Khondokar Mahmud Hasan (known as KM Hasan; born 27 January 1939) is a Bangladeshi diplomat and jurist who served as the 13th Chief Justice of Bangladesh.[1] [2] [3]
Hasan was born on 27 January 1939. His's father Khandaker Mohammed Hasan was a justice from Munshiganj District. Hasan holds a BA, MA, and LLB from Dhaka, an LLM from London, and is a Barrister-at-Law from Lincoln's Inn.
Hasan enrolled as a Supreme Court advocate in 1963. He served as ambassador to Iraq during 1980–1982.
Hasan was appointed Judge of the High Court Division on 13 July 1991. He was elevated as a judge to the Appellate Division on 20 January 2002. He refused to hear the Assassination of Sheikh Mujibur Rahman case as one of the accused was his relative creating a potential conflict of interest.[4] President of Awami League and daughter of Sheikh Mujibur Rahman, Sheikh Hasina responded by asking, “How can a judge feel embarrassed to hear a case while he took an oath to keep himself beyond any family ties with anyone?”.[5]
In June 2003, Hasan was appointed chief justice of Bangladesh replacing Justice Mainur Reza Chowdhury. Bangladesh Supreme Court Bar Association boycotted his appointment as the chief Justice as his appointment superseded Justices Mohammad Fazlul Karim and M Ruhul Amin.[6] Minister of Law Moudud Ahmed claimed it was done to correct a past wrong as Hassan was superseded in the past. President Rokanuddin Mahmud of the Bangladesh Supreme Court Bar Association said it was the standard practice to appoint the senior most judge on the Appellate Division chief justice, he also said "Even the autocratic regime did not go beyond the tradition. For the first time, such a breach has taken place. We disapprove it,". Attorney General A. F. Hassan Ariff welcomed his appointment and hoped he would strengthen the judiciary.[7]
Hasan opened an investigation against Justice Syed Shahidur Rahman following allegation of corruption.[8]
In May 2006, the government allocated one katha of land from Dhanmondi Police Station to KM Hasan who had requested land bordering his plot for building a sweeper passage.[9] The land and building was allocated to Sheikh Rehana on 21 July 2001 but was turned into a police station in 2005 after the Bangladesh Nationalist Party came to power.
Justice Syed JR Mudassir Husain succeeded Hasan in January 2004 as the Chief Justice of Bangladesh, superseding Justice M Ruhul Amin.[10]
The Bangladesh Nationalist Party government raised the age of retirement for judges from 65 to 67 through a constitutional amendment,[11] which made Hasan eligible to be the next chief advisor of the caretaker government responsible for holding election in 2006 as the last retired chief justice.[12] [13] His candidacy was opposed by Awami League. Sheikh Hasina, chairperson of Awami League, opposed his appointment and said, "Justice KM Hasan is not a neutral person since he was international affairs secretary of the BNP. And for this, no free and fair polls can be held under him.".[14] [15] The two parities tried to come to an agreement through negotiations led by Abdul Mannan Bhuiyan and Abdul Jalil.[16] [17] There were violent street protests, strikes, and fights between the two parties.[18] [19] His appointment was also opposed by Sammilita Nagorik Andolon and 11 other leftist political parties.[20] The controversy surprised Hasan himself.[21] Syed Badrul Ahsan recommended Hasan refuse the position.[22] The Awami League preferred Justice Mahmudul Amin Chowdhury according to its communication with foreign diplomats while the Bangladesh Nationalist Party supported election commissioner M. A. Aziz as an alternate. 23 October, Hasan met with Patricia Butenis, Ambassador of the United States to Bangladesh.[23] On 28 October Hasan refused the position of chief advisor and the Bangladesh Nationalist Party appointed President Iajuddin Ahmed chief advisor.[24] [25] The Awami League in the past had also rejected Iajuddin Ahmed as a possible head of the caretaker government.[26] Iajuddin Ahmed as chief advisor invoked marital law which ultimately led to his replacement as chief advisor by Fakhruddin Ahmed, backed by Bangladesh Army.[27] [28] The Awami League would win the general election held two years later in 2009 and Khaleda Zia would later state it was a mistake appointing Iajuddin Ahmed.[29]
In January 2017, the Bangladesh Nationalist Party recommended Hasan for the search committee for the Election Commission.[30] Obaidul Quader, general secretary of the Awami League, opposed the nomination.[31]