The High Court has suggested that the government introduce a law making it a non-bailable offense to insult or blaspheme religious figures, including the Quran and Prophet Muhammad (PBUH), as well as other religious scriptures and avatars.
This recommendation came on Monday from the bench of Justice Md. Rezaul Hasan and Justice Fahmida Quader while resolving a rule issued on the bail petition of an individual from Kushtia who made derogatory remarks about Prophet Muhammad (PBUH) on Facebook.
Deputy Attorney General AKM Amin Uddin Manik confirmed the significance of this order, stating that the High Court has proposed legislation with non-bailable arrest and the maximum penalty of death or life imprisonment.
The court proposed that the Cyber Security Act 2023, which absorbed the Digital Security Act 2018, should include provisions for non-bailability alongside the maximum punishment of death or life imprisonment for insulting religious figures and scriptures. It highlighted that the current law, which treats such offenses as bailable, has led to an increase in such incidents.
DAG Amin Uddin Manik explained that Selim Khan of Bheramara upazila in Kushtia made offensive comments about the Prophet (PBUH) on Facebook. During the bail hearing, the High Court instructed the investigating officer and higher authorities to file a supplementary charge sheet against Nafisa Chowdhury, who also posted derogatory comments, as there was sufficient evidence. The court disposed of the rule, as the section in question was bailable.
The High Court emphasized the seriousness of the offense, describing it as syndicated and premeditated. It underscored that no one, including renowned scientists like Newton and Einstein, has ever questioned the sanctity of the Holy Quran and Prophet Muhammad (PBUH). During the proceedings, the judge recited verses from Surah Ash-Shura of the Holy Quran.
Representatives of the state during the hearing included Deputy Attorney General AKM Amin Uddin Manik, Assistant Attorney General Sahab Uddin Ahmed Tipu, and Md. Mojibur Rahman Mojib. Advocate Abdullah Al Mamun represented the accused.
The case stems from Nafisa Chowdhury's vulgar comment on a Facebook page called 'Relationship' on November 2 last year. The accused, Md Selim Khan, intentionally insulted religious sentiments and Islamic faith by posting derogatory comments with the intent to cause unrest. Hanif Shah of Kushtia filed a case against him, leading to the charge sheet being submitted on December 31.
Earlier, on December 13, Kushtia Additional Sessions Judge Ruhul Amin rejected the accused's bail petition, prompting an appeal to the High Court. The High Court issued a rule on January 8, which has now been resolved.
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