Bhubaneswar: A team of 11 lawyers led by senior advocate Apurba Kumar Bhattacharjee Thursday argued before the Chattogram sessions judge for granting bail to jailed former Iskcon monk Chinmoy Krishna Das in a sedition case.
As per media reports in Bangladesh, after hearing arguments from the prosecution and defendant sides, the session’s court rejected the bail application of ISKCON monk Chinmoy Das. The court decided to reject the bail plea in just 30 minutes.
Speaking to media, Nazim Uddin Chowdhury, president of the Chattogram District Bar Association, said, “At the hearing, the state objected to the bail, saying that it was a sedition case and the highest punishment was life in prison. The court then rejected the bail.”
WHAT IS BANGLADESH SEDITION LAW?
As per the Penal Code 1860 in force in Bangladesh, the Section 124 A entails punishment of imprisonment up to life for offences against the State.
SECTION 124 A: The section states the following.
Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law shall be punished with
1) imprisonment for life or
2)any shorter term, to which fine may be added, or
3) with imprisonment which may extend to three years, to which fine may be added, or with fine.
WHY SEDITION CASE FILED AGAINST CHINMOY DAS?
Though the case details of the Chinmoy Das was not made public, Police told the media in Bangladesh that Chinmoy Das was arrested for disrespecting Bangladesh National Flag in a rally at Rangpur on October 25, 2024.
As per police, “during a rally organised under the banner of “Sanatana Jagran Manch”, a group of youths placed saffron flag over the Bangladesh Flag on the Independence Pillar (Shadhinta Sthambha) at zero point in Dhaka.”
The police statement to media talks about a “group of youths” who had allegedly shown disrespect to Bangladesh national Flag, but the statement nowhere talks about Chinmoy Krishna Das role (by words or expressions against government) in the alleged act.
The only point of grouse of the Bangladesh administration has been that he was addressing rallies across Bangladesh over the attack on Hindus following the ouster of Sheikh Hasina. Moreover, he was arrested on a complaint case filed by leaders of anti Hindu/India BNP leaders.
WHAT THE SEDITION LAW OF BANGLADEH SAYS?
As per the explanations provided under the Section 124 A of the Sedition Law of Bangladesh, the
- Comments that express disapprobation (not approving) of the measures of the Government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
- Comments expressing disapprobation of the administrative or other action of the Government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.
WILL DHAKA HIGH COURT GRANT BAIL?
Under the Bangladesh Criminal Procedure Code (CrPC), the power to grant bail under section 498 CrPC lies with the High Court Division.
While the session’s court today denied bail, the lawyers of Chinmoy Das has the option to move Dhaka High Court Division.
Under the legal system of Bangladesh, when considering bail applications,courts assess various factors, such as
- nature and gravity of the offense,
- likelihood of the accused absconding or tampering with evidence,
- criminal record of the accused and
- interests of justice.
But under Section 498 CrPC Bangladesh, which vests the power on High Court to grant bail is subservient and ancillary to section 497 of CrPC, thereby, limits the power to grant bail in a case punishable with death or transportation for life to old age (life term imprisonment), physical infirmity or sex.
All eyes are on Dhaka High Court Division.
