Qamrul Islam written discharge application, part 3
This is the third part of the written discharge application that concerns Qamrul Islam’s views on the quota protests
THE QUOTA-PROTEST MOVEMENT AND THE GROUND REALITY
9. In July and August 2024, Bangladesh witnessed a violent uprising against the country’s long-time leadership of the Awami League. A movement in response to the Supreme Court of Bangladesh reinstating the quota in 9th grade government services, reversing the government decision made in response to the 2018 quota reform movement. Ultimately the movement turned into a violent uprising against the Government which caused the death of many protesters, innocent civilians, members of police force, physical attacks on members of disciplined forces, police stations, State establishments etc.
10. Article 29 (1) of Part III of the Constitution of Bangladesh states that there shall be equality of opportunity for all citizens in the employment or promotion of the service of the Republic, i.e. Government jobs. Clause (a) of Article 29 (3) says as follows:
“Nothing in this article shall prevent the state from making special provision in favour of any backward section of citizens for the purpose of securing their adequate representation in the service of the republic.”
11. In pursuance to the said provision of the Constitution, the Government introduced different categories of quota in 9th grade government jobs from time to time since the independence of Bangladesh. As of 2018, there was a 56% quota for the government jobs in the country. Of this, 30% of seats were reserved for descendants of freedom fighters, 10% for women, 10% for residents of backward districts, 5% for people from minority groups, and 1% for people with disabilities. However, if no candidate from the relevant quota is found, those positions were filled from the merit list of general candidates.
12. Previously in 2018, protests were held at various educational institutions across the country demanding quota reforms. The then Government, in the wake of the student movement, eliminated all forms of quotas vide a Circular as contained in Memo No. 05.00.0000.170.11.07.18.276 dated 4th October, 2018 issued by the Ministry of Public Administration to ensure the recruitment of meritorious and qualified individuals for positions in grades 9 to 13 (formerly known as first and second-class jobs) in government employment. However, quotas for third and fourth-class posts (grades 14 to 20) remained in effect.
13. Being aggrieved by and dissatisfied with the aforesaid Circular dated 4th October, 2018, one Mr. Ohidul Islam and others, children of nationally recognized valiant freedom fighters, as petitioners filed a Writ Petition being No. 6063 of 2021 before the High Court Division of the Supreme Court of Bangladesh under Article 102 of the Constitution of the People’s Republic of Bangladesh challenging the legality of the said Circular.
14. On 5th June 2024, one Divisional Bench of the Hon’ble High Court Division of the Supreme Court of Bangladesh by a Judgment passed in the said Writ Petition No. 6063 of 2021 declared the aforesaid Circular to be illegal, to have been issued without lawful authority and is of no legal effect.
15. On the next day students came to the streets and brought out protest marches at different universities across the country demanding the cancellation of the quota system. On 9th June 2024, a student delegation submitted a memorandum to the Attorney General urging the retraction of the High Court’s decision and the reintroduction of the Government’s circular of 2018. Meanwhile, the Government, on the same day at the earliest opportunity, filed a Civil Miscellaneous Petition to the Appellate Division seeking stay operation of the High Court’s Judgment and the Judge-in-Chamber of the Appellate Division fixed 4th July for hearing the said Petition by the full Court of the Appellate Division.
16. On 4th July the Advocate for the respondent sought time due to personal reasons and the Appellate Division adjourned the hearing. Since the matter was sub judice before the Apex Court of the Country, the Government had no option but to wait for the outcome of the legal proceeding and the Government repeatedly urged the students to wait till disposal of the matter by the Appellate Division.
17. On the next day of hearing, i.e. 10th July, 2024, the Appellate Division directed the parties to maintain the status quo in respect of the subject matter and asked the Government to file a regular Leave-To-Appeal. But the organizers of the student movement, by shifting their position, came up with a new demand asking the Government to abolish the quota system while the matter was already subjudice before the highest Court of the country.
18. Thereafter, the full text of the Judgment of the High Court Division was released on 14th July 2024. On the same day, a delegation of quota reform protesters presented their memorandum to President Mohammed Shahabuddin at Bangabhaban, i.e. the Official Residence of the President, giving an ultimatum of 24 (Twenty Four) hours to reinstate the Government circular of 2018. On the other hand, upon receipt of the full Judgment of the High Court Division the Government filed Civil Petition for Leave to Appeal on 16th July, 2024 and the Hon’ble Appellate Division was kind enough to fix 7th August 2024 for hearing of the said Civil Petition for Leave to Appeal.
19. On 14th July 2024, at a press conference was held by the then Prime Minister Sheikh Hasina on her recent China visit, while responding to a question put to her by a journalist concerning such behaviour of the student, said “Why do they have so much resentment towards freedom fighters? If the grandchildren of the freedom fighters don’t get quota benefits, should the grandchildren of Razakars [who collaborated with Pakistan Army in commission of atrocities during the struggle for independence in 1971] get the benefit?”. The statement of the Prime Minister was misinterpreted and taken negatively among student protesters, and they came to the streets at midnight. At this point, Bangladesh Chhatro League (BCL), the student wing of the ruling party Awami League, separated itself from the protests and a confrontation began between the BCL and the protesters. On 15th July a rumour spread out in social media that two student protesters were killed by BCL. This rumour also got public attention when the US Department of State also made a similar status on their social media pages, even though there was no report either in Bangladeshi media or from law enforcement agencies regarding any death during the student protests till that time. But such false claims fuelled agitation among student protesters, and the movement turned out to be violently orchestrated by Jamaat-Shibir-BNP & like-minded activists, Kishor gang and other militant activists. The camouflaged activists got involved in violent clashes with members of the law enforcement forces which resulted in loss of lives on16th July,2024.
20. On 16th July 2024, six peoples died in violent clash. They were Abu Sayeed (Student Protester), Shobuj Ali (BCL Activist), Wasim (Chatra Dol Activist), Shanto (Student protester), Shahjahan (Hawker) and Faruk (Pedestrian). In a public address on the evening of 17th July, 2024 the then Prime Minister asked students to patiently await the Supreme Court decision. She further conveyed condolences for the loss of life on 16th July, 2024 [OHCHR Fact Finding Report, para 41] and From 18th July, 2024 the protests became more heterogenous, some elements in the crowds attacked members of the police, transport infrastructure and government buildings, including the Bangladesh TV building [OHCHR Fact Finding Report, para 44] The protest movement strategically sought to create lasting disruption through its road blockades and urban shutdowns, especially from 18th July onwards, and some elements in the crowds initiated acts of violence targeting public buildings, transport installations and the police [OHCHR Fact Finding Report, para 99].
21. On 18th July 2024, the Government formed a one-member judicial commission of inquiry comprising of a judge of the High Court Division of the Supreme Court of Bangladesh. On the same day, the Judge-in-Chamber of the Appellate Division on the prayer of the Attorney General rescheduled the hearing of the aforementioned Civil Petition for Leave to Appeal and fixed 21st July for hearing following a special arrangement as the Supreme Court remained on a vacation at that time. By this time due to widespread misinformation and disinformation on social media, nothing could calm down the protesters, different public establishments and infrastructures were attacked and vandalized in different places of the country. In such a situation, finding no other alternative to protect the lives of civilians and the public infrastructures, the Government had to impose a nationwide curfew from 20th July 2024.
22. On 21st July 2024, the full bench of the Appellate Division led by the then Chief Justice Obaidul Hassan set aside the High Court’s Judgment dated 5th June 2024. However, the Apex Court recommended to quotas to only seven percent, particularly five percentage quota for children of freedom fighters, martyred freedom fighters and Biranganas (victims of sexual offences during 1971 struggle for liberation), one percent quota for ethnic minorities and another one percentage for persons with disability and people of third gender.
23. After the disposal of the quota issue by the Apex Court, the organizers of the movement came up with a new demand seeking justice for killing of students immediately. On the other hand, Mr. Manzur Al Matin, an Advocate of the Supreme Court of Bangladesh along with others filed a Writ Petition being No. 9610 of 2024 before the High Court Division of the Supreme Court of Bangladesh seeking directions upon the law enforcement agencies not to shoot at quota reform protesters during their programs. The Division Bench of the High Court Division comprising of Mr. Justice Mustafa Zaman Islam and Mr. Justice S M Masud Hossain Dolon after hearing the parties rejected the said Writ Petition summarily vide order dated 4th August, 2024. However, the Court observed that all citizens have the right to participate in peaceful assemblies and emphasized that the police must follow legal directives.
24. Meanwhile on 1st August, 2024 the Government increased the number of members of the judicial commission of inquiry by adding two more High Court judges, but nothing could calm the protesters down. On 3rd August, 2024 the Prime Minister Sheikh Hasina called upon student protesters to meet her at Gonobhaban (the official residence of the Prime Minister) to discuss about their demands, but the organizers/coordinators of the protest demanded resignation of the Prime Minister which ultimately led the Bangladesh Army to shift the Prime Minister Sheikh Hasina from the country on 5th August 2024.
25. During the course of horror of terror throughout the country facilitated by the camouflaged activists of Jamaat-BNP and allies an unconstitutional interim government was formed on 8 August 2024. Md. Qamrul Islam was arrested on 18 November 2024. Since his arrest, more than forty cases have been filed against him from various corners of the country. He has been shown to be arrested in 24 of these cases. On 19 February 2026, the prosecution of the ICT pressed formal charges against him for crimes against humanity, including murder. ICT-1 took cognizance of the charges.
ACTUAL NATURE OF THE JULY 2024 MOVEMENT: FROM PROTEST TO VIOLENT INSURRECTION
26. That it is submitted that the alleged “Quota Reform Movement” of July–August 2024, which the prosecution characterises as a peaceful student protest, had by around mid-July degenerated into an armed and extremist uprising. The materials available in the public domain demonstrate that the movement, infiltrated by militant and opposition elements, engaged in systematic violence, arson, killings, and attacks on State institutions, which is not considered in the formal charge and as such, the same is liable to be rejected.
27. That it is further submitted that the investigation agency along with the learned prosecution has measurably failed to consider that any responsible government, under both domestic constitutional obligations and international law, would have been duty-bound to protect life and property and to use necessary and proportionate means to restore order. The same obligation would rest upon any government in the world faced with such acts of mass violence. A few illustrative examples are–
a. A violent mob attacked the headquarters of Bangladesh TV in Rampura, which took place on the afternoon and evening of 18 July. Significantly outnumbering the police deployed at the TV station, the attackers stormed the premises, burnt vehicles and set part of the building on fire, while TV staff remained in the building. [OHCHR Fact Finding Report, para 116]
b. On 19th July, 2024 a violent mob beat to death two police officers in civilian clothes who had been identified in the crowd. One of their bodies was hung from Rayerbag bridge. [OHCHR Fact Finding Report, page 31]
c. On 19th July an enraged crowd stormed Narsingdi Jail and set it on fire, enabling the escape of more than 800 inmates and the looting of 85 firearms [OHCHR Fact Finding Report, para 110]. Among those who escaped from the prison were nine most hardened militants [https://bdnews24.com/ bangladesh/ 6e12f6a606b7]. These events are consistent with an organised armed uprising rather than a student demonstration.
d. On 4th August 2024, in Rayganj under Sirajganj district, a large group of men armed with long knives and rods, who, according to witness testimony, looked different in terms of their attire than other protesters in the area, attacked and burned down the local Awami League office. The attackers killed five local Awami League officials and a local journalist. One of the officials was beaten to death after first being publicly humiliated, by being forced to do squats while holding his ears. The same day, a large crowd of young men also attacked Enayetpur Station in the same district. Fifteen police officers were killed in that incident. [OHCHR Fact Finding Report, para 212] On the same day, another was killed at Eliotganj Highway Police Station in Comilla [https://www.thedailystar.net/news/bangladesh/news/13-cops-killed-attack-police-station-sirajganj-3669641]. Multiple police stations and government establishments across the country were also attacked and vandalised in coordinated assaults.
e. On 5th August, 2024, a violent mob attacked the Jatrabari Police Station with petrol bombs, stormed it and then burned and looted the station. The mob killed two RAB officers and at least four Ansar/VDP and police officers. Uttara East Police Station was stormed by a violent mob and the attackers killed four police officers. In Ashulia, an angry crowd lynched at least three police officers. In all three places, the bloodied bodies of slain police officers were strung up in public places. [OHCHR Fact Finding Report, para 216]
f. According to initial media estimates published in the immediate aftermath of the July uprising, more than 500 police stations were attacked, looted and arsoned. So far, no follow up investigations have been reportedly carried out to determine the actual number of looted arms and the casualty figures among police personnel resulting from such attacks.
g. Journalists and media outlets were also attacked by violent mobs during the protests. One of the stations, Ekattor TV, had already been subject to attack on 3 August by a mob armed with sticks and stones and who looked different from other protesters. [OHCHR Fact Finding Report, para 225]
28. That it is most respectfully submitted that the learned prosecution has completely failed to consider the infiltration of terrorists in the movement. For example, on 18 July 2024, before the death of Mir Mahfuzur Rahman Mugdho posted on his verified Facebook account [Source: Facebook post of “Mir Mugdho”, 18 July 2024] alleging infiltration of Jamaat-e-Islami, Islami Chhatra Shibir, and Chhatra Dal into the protest and warning against its politicisation and right after his posting he was shot during clashes at Uttara, Dhaka, which became a flashpoint on social media owing to the viral video of his last words, “Water Needed, Water.” Another crucial example is – on 12 August 2024, the then Home Affairs Adviser, Brigadier General (Retd.) Sakhawat Hossain, publicly stated after visiting injured Ansar personnel at the hospital, Dhaka, that a major investigation was needed to identify armed youths seen carrying weapons that used ammunition of 7.62 mm calibre. He further confirmed that the Ansar members were wounded primarily by fire from civilians using 7.62 mm rifles, not by police bullets. This demonstrates the presence of trained, armed elements within the protest. Such omissions of the learned prosecution along with subjective presentation of evidence reveal the mala fide intention of the prosecution and as such, the accused petitioner is liable to be discharged.
29. That it is respectfully submitted that the learned prosecution also failed to consider the admission of prominent organisers which proves that the movement was infiltrated by terrorists who had both intention and knowledge to kill law enforcement agency officials, vandalise and burn police stations and government offices and destroy mega public structures. The prosecution has wilfully disregarded the following statements:
a. Hasib Al-Islam, a coordinator of the quota reform movement, stated in a televised interview on DBC News (26 October 2024) that: “If the fire had not been set to the metro rail, if police officers had not been killed, then this revolution would not have been achieved so easily. The downfall of fascism could not have been ensured.” Such an admission establishes that the violence was pre-planned and instrumentalised as a political weapon [https://youtu.be/tMmADDTwjHY?si=HUVLDW57S_WSdUqK , https://bangla.dhakatribune.com/87206]
b. On 13 November 2024, Asif Mahmud Shojib Bhuyain, now an Adviser in the present interim administration and a principal coordinator of the 2024 movement, publicly declared on his verified Facebook account that the organisers were “fully prepared to call for an armed resistance.” He reaffirmed this statement in a subsequent interview with Jamuna TV on 21 March 2025, thereby confirming that the leadership of the movement had intended violence from the outset.
c. Barrister Asaduzzaman Fuaad, General Secretary of the Amar Bangladesh (AB) Party, stated in a Jamuna TV talk-show that hundreds of police personnel were slaughtered during the quota reform protest. It is relevant to note that the former Chief Prosecutor appointed by the interim administration, Advocate Tajul Islam, was a member and Joint Convenor of the same AB Party, raising serious questions about prosecutorial impartiality in view of his party’s public justification of such violence.
d. Sadiq Kayem, former President of the Dhaka University Islami Chhatra Shibir, has admitted publicly that he played a key operational role during the July uprising while concealing his real political identity, later revealing it in media appearances. This underscores the deliberate infiltration of violent Islamist networks into the student movement. [https://youtu.be/njz4ET69Qno?si=TlSKg9KE1yU7xCuH]
e. It is evident from a news report published by BBC Bangla that Jamat-e-Islami was the driving force behind the camouflaged July-August movement as the report states, “The party’s deputy Ameer, Syed Abdullah Mohammad Taher, was telling BBC: ‘The intelligence agencies knew that we were behind this, the government knew. That’s precisely why they banned us, banned Shibir. They didn’t ban any other party.'” Mr. Taher stated on his own that they had been very careful to ensure “that it wouldn’t become apparent that this was a Jamaat-Shibir movement; we wanted to give it a universal character.” According to him, if it had been revealed that Islami Chhatra Shibir had played the main role on behalf of Jamaat-e-Islami, then those who don’t particularly favour Jamaat-e-Islami might have developed some reservations.” [https://www.bbc.com/bengali/articles/c8x5ed4gzz8o]
30. That it is stated that one of the most revealing expose as regards the true nature of the quota-protest movement came from Brig. (Retd.) Shakhawat Hossain who briefly served as the Home Advisor of the Interim administration. In his speech at a public event he referred to the nature of injuries of the victims. According to him, a significant number of victims bore gunshots in the head which looked like kill-shots made by professional snipers. The bullet injuries were made by 7.62mm ammunition which were not used by the law enforcement personnel, asserting that such weapons and munitions were in the hands of civilians leading to more deaths and further escalation of violence. Such casualties fueled the anti-government movement to which the quota movement morphed into. Brig Shakhawat Hossain’s findings were consistent with the suspicion that at some point the quota movement was taken over by armed extremist actors who operated with a different agenda. Here is the full text of his speech:
“5th August maximum snipers killed the leaders of the student leaders. They were all shot here. What it seemed, they were totally professional snipers, could not have been only the Bangladeshi police. . . . And on 5th of August, maximum snipers killed the leaders, or the student leaders. You see the document, you will see that on 5th, I attended many of their funerals. They were all shot here (pointing at his own forehead). What it seemed, they were totally professional snipers, could not have been only Bangladeshi police. And this is what I said, in my first instances, that how the rifle, prohibited rifle, went into the hand of the civilians. Many people didn’t like it. Anyway, that is what it is. We are yet to have an enquiry on this particular issue. [Source: YouTube:https://youtu.be/8wMMdjElS4M?si=g_obbnRMPh7g0CQO 19 Aug 2025]
31. The aforesaid statement of Brig. (Retd.) Shakhawat Hossain is corroborative with the OHCHR Fact Finding report which states, “[V]ictims with bullet wounds were typically struck by projectiles conforming to the standard military issue 7.62x39mm lethal ammunition for rifles that are manufactured by the Bangladesh Ordnance Factory. In some cases, special armour-piercing ammunition of the 7.62mm calibre was found to have been used against unarmed civilians. This is a type of ammunition designed for use in combat situations against persons wearing body armour and not for law enforcement applications. It would normally be available only to the Army or paramilitary forces such as BGB and RAB. This ammunition is not available for civilian purchase in Bangladesh.” [OHCHR Fact Finding Report, para 62]. But no independent investigation has been conducted in this respect till today.
32. That the above examples, drawn from contemporaneous reports, public admissions, and statements of movement leaders, show that the July 2024 events constituted a violent and extremist insurrection, not a civil protest. The learned prosecution ought to have taken into consideration the movement’s transformation into an armed uprising involving killings, arson, and coordinated attacks on State institutions imposed upon the Government, a constitutional and moral duty to protect the lives of citizens and preserve public order and as such, the accused-petitioner is liable to be discharged.
STANCE OF MD. QAMRUL ISLAM ON THE QUOTA MOVEMENT
33. The accused-petitioner Md. Qamrul Islam was a student leader during pre-independence period of Bangladesh. He was always in favour of equal rights. As a school student he joined the processions of Education Movement in 1962, it made him respectful towards the students involved in Quota Movement of 2024.
34. The accused-petitioner Md. Qamrul Islam was also concerned when the movement took a violent turn and compassionate to the students, civilians, law-enforcement personals and political activists who lost their lives and got injured during that period.
35. The accused-petitioner Md. Qamrul Islam was compassionate to the victims and their family members during the Quota movement of 2024. He personally showed empathy to the family members of many who died during the violent clash. He also helped them financially and also ensured that they got the compensation allowance from the then government.
36. Qamrul Islam was also concerned about the poor people who were suffering terribly due to violent protests, blockade programme. So he arranged some relief for the poor people of his electoral constituent. On 26 July 2024, in one of the relief distribution programme in Keraniganj Upazilla, Md. Qamrul Islam showed his concern on infiltration of ultra-right political activists and militant groups to sabotage the quota movement.