Sedition case: HC may hear Chinmoy’s bail petition today
The High Court is likely to hear today the bail petition of Chinmoy Krishna Das, a former ISKCON leader, in connection with a sedition case filed over disrespecting the national flag.
"We will mention the bail petition of Chinmoy Krishna Das to the High Court bench of Justice Md Atoar Rahman and Justice Md Ali Reza for its hearing at the first half on Monday. If the court allows us to move the petition, then we will argue for his bail," Apurba Kumar Bhattacharjee, the principal lawyer for Chinmoy, told The Daily Star yesterday.
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The lawyer said he submitted the petition on behalf of his client on January 12.
The petition has been included as item No 306 in yesterday's cause list of the HC bench for its hearing. But the petition was not heard yesterday as it was towards the bottom of the list, Apurba said.
Citing the petition, the lawyer said the sedition case against Chinmoy is not acceptable 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 (CrPC) against a person, and only a government officer can file such a case under the government order.
But there is no government order for lodging the sedition case against his client, he said, adding that an individual has filed the case in violation of the relevant section of the CrPC.
Section 196 of the CrPC says, "No court shall take cognizance 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]."
Lawyer Apurba said the allegation brought against Chinmoy is 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 of Chattogram, 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.
Following the rejection, supporters of Chinmoy burst into protests and blocked the prison van on its way to jail. They demanded his immediate release.
Later, police charged truncheons to disperse the agitated followers of Chinmoy, triggering a clash between law enforcers, lawyers, and the supporters in the court building area. Lawyer Saiful Islam Alif was beaten and hacked to death during the clash.
Chattogram Metropolitan Sessions Judge Md Saiful Islam denied bail to Chinmoy, also spokesperson for Sammilita Sanatani Jagaran Jote, in the case on January 2 this year.
Earlier on December 11 last year, the same court rejected his bail petition.
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