The High Court yesterday did not grant bail to Chinmoy Krishna Das Brahmachari, a former ISKCON leader, in a sedition case lodged over disrespecting the national flag.

The court, however, issued a rule asking the state to explain in two weeks why Chinmoy should not be granted bail in this case.

The law secretary, home secretary, and deputy commissioner of Chattogram have been named as respondents in the rule.

The bench of Justice Md Atoar Rahman and Justice Md Ali Reza issued the rule after holding a hearing on a petition filed by Chinmoy seeking bail in the case.

Chinmoy cannot get released from jail following the HC order, his principal lawyer, Advocate Apurba Kumar Bhattacharjee, told The Daily Star.

Earlier in the day, additional attorney generals Md Arshadur Rouf and Aneek R Haque opposed the bail petition during the hearing, saying that the government issued an order for filing the sedition case against Chinmoy as there is a specific allegation against him for disrespecting the national flag.

Advocate Apurba Kumar submitted the bail petition on behalf of Chinmoy to the HC on January 12.

Then the lawyer told this correspondent that the sedition case against Chinmoy is unacceptable as there is no government order for filing the case.

A government order is mandatory for filing a sedition case under Section 196 of the Code of Criminal Procedure against a person, and only a government officer can file such a case under the government order.

But there is no government order for filing a sedition case against Chinmoy, he said, adding that a non-government officer has filed the case in violation of the relevant section of the CrPC.

Section 196 of the CrPC says, "No court shall take cognisance of any offence punishable under Chapter VI or IXA of the Penal Code (except section 127), or punishable under section 108A, or section 153A, or section 294A, or section 295A or section 505 of the same Code, unless upon complaint made by order of, or under authority from, the [Government, or some officer empowered in this behalf by the Government]".

Advocate Apurba Kumar also said, "The allegation against Chinmoy is completely false, as he never disrespected the national flag."

On October 31 last year, Firoz Khan, former general secretary of Chattogram's Mohora ward BNP, filed the case with Kotwali Police Station, accusing Chinmoy and 18 others of disrespecting the national flag during a rally of the Hindu community on October 25 in the port city's New Market area.

On November 26, a Chattogram court sent Chinmoy to jail, rejecting his bail prayer after he was arrested in the capital the previous day.

On January 2 this year, Chattogram Metropolitan Sessions Judge Md Saiful Islam denied bail to Chinmoy in the sedition case.

On December 11 last year, the same court rejected his bail petition in the same case.