Experts' opinion over validity of case filed against Chinmoy Das

BNP leader Firoz Khan filed a sedition case against Chinmoy Krishna Das Brahmachari, spokesperson of Bangladesh Sammilita Sanatani Jagran Jote, on charges of insulting the national flag with Kotwali Police Station in Chittagong on October 31. Just a day after the filing of the case, BNP expelled Firoz Khan, the general secretary of the Mohra Ward unit BNP under Chandgaon Police Station. Later on Monday afternoon Chinmoy Das was picked up from Dhaka Airport area and was shown arrested in this case. He was produced before Chittagong Metropolitan Magistrate Court on Tuesday and was rejected bail.

This arrest sparked anger among his followers and the issue became talk of the country. When the issue of filing sedition case against him surfaced freshly, legal experts started delivering their observation over validity of the filing of the case. According to them, Home Ministry's permission is required in case of turning a complaint into a sedition case. However, in this case, the authorities concerned didn’t take any such permission from the ministry before filing this case. Therefore the procedure of filing the case was not proper.

On the other hand, BNP-backed lawyers said that the plaintiff Firoz Khan was dismissed from the party for filing a case against Chinmoy Das without following proper procedure and any concrete evidence. Therefore, BNP denied the party’s involvement with this case.

According to the law, in order to file a sedition case against someone, the approval of the Home Ministry must be obtained. Moreover, sedition cases cannot be filed by any individual.

On October 30, a High Court bench of Justice AKM Asaduzzaman and Justice Syed Enayet Hossain issued a rule in this regard quashing the sedition case filed against BNP Chairperson Khaleda Zia. In the verdict, the court said: "In order to file a sedition case against someone, permission from the Home Ministry is required."

In the case of Chinmoy Das, no permission from the ministry was taken earlier.

Former president of the Supreme Court Bar Association Zainul Abedin told Views Bangladesh: "According to the law, in order to file a sedition case against someone, approval from the Home Ministry must be obtained. I know that this did not happen in the case of against Chinmoy Krishna Das. For this reason, plaintiff Firoz Khan has been expelled from his party. However, the previous Awami League government also filed a sedition case against former prime minister Khaleda Zia in a similar manner, which was later canceled."

Barrister Nasir Uddin Asim, a member of the BNP Chairperson's International Relations Support Committee and also a Supreme Court lawyer, told Views Bangladesh: "No one can file a sedition case against anyone if they want. There is a specific procedure. I cannot say whether that was followed in the case of Chinmoy Krishna Das. If not, this case has not been properly filed."

"You know that the plaintiff in that case was discharged from the party the day after the case was filed," he added.

Supreme Court lawyer Barrister Badruddoja Badal said: "A sedition case cannot be filed without the approval of the Home Ministry. Many have expressed doubts about whether the sedition case filed by the plaintiff against Chinmoy Krishna Das is 100 percent valid. The process of the case was also not correct."

Meanwhile, the DB police said that Chinmoy was picked up on the basis of a requisition of a complaint, not a case.

Punishment for committing sedition

Sections 121 to 126 of the Penal Code in Bangladesh describe the nature and punishment of crimes against the state. Section 124(a) defines sedition. This section states, ‘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 [imprisonment for life] or any shorter term, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.’

Section 121 of the Penal Code states, ‘Whoever wages war against Bangladesh, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or [imprisonment] for life, and shall also be liable to fine."
 
Section 121(a) states, ‘Whoever within or without Bangladesh conspires to commit any of the offences punishable by section 121, or to deprive Bangladesh of the sovereignty of her territories or of any part thereof, or conspires to overawe, by means of criminal force or the show of criminal force, the Government, shall be punished with [imprisonment for life] or with imprisonment of either description which may extend to ten years, and shall also be liable to fine."
 
Section 122 states, ‘Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against Bangladesh, shall be punished with [imprisonment] for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.'

Section 123 states, ‘Whoever, by any act, or by any illegal omission, conceals the existence of a design to wage war against Bangladesh, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.’

Section 123(a) of the Penal Code states, ‘Whoever condemns the creation of the State and supports the abolition of its sovereignty or propagates propaganda to that effect shall be punished with imprisonment for up to ten years.’

Section 124 of the Penal Code states, 'Whoever, with the intention of inducing or compelling the President of Bangladesh, or [the Government], to exercise or refrain from exercising in any manner any of the lawful powers of the President, or [the Government], assaults, or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, the President, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.'

Article 125 states, 'Whoever wages war against the Government of any Asiatic power in alliance or at peace with Bangladesh or attempts to wage such war, or abets the waging of such war, shall be punished with [imprisonment] for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine.'