In a significant move, the High Court has proposed the implementation of a non-bailable offense for acts of insulting or blaspheming religious figures, including the Quran and the Prophet Muhammad (PBUH), as well as other religious scriptures and avatars.
The bench comprising Justice Md Rezaul Hasan and Justice Fahmida Quader issued this recommendation on Monday while addressing a rule issued on the bail petition of an individual from Kushtia who made derogatory remarks about the Prophet (PBUH) on Facebook.
Deputy Attorney General AKM Amin Uddin Manik confirmed the importance of this order, highlighting its significance in addressing such sensitive matters.
The High Court urged the government to enact legislation introducing non-bailable arrests with the maximum punishment of death or life imprisonment for offenders. It emphasized the necessity for such measures, especially in light of the increasing incidence of offenses under current laws, which often result in bailable offences for insulting religious sentiments.
DAG Amin Uddin Manik disclosed that the individual, Selim Khan from Bheramara upazila in Kushtia, had made inappropriate comments about the Prophet (PBUH) on a Facebook post.
During the bail hearing, the High Court directed the investigating officer and higher authorities to file a supplementary charge sheet against another individual, Nafisa Chowdhury, who had posted a vulgar comment on Facebook. The court noted sufficient evidence to pursue charges against Chowdhury and disposed of the rule considering the gravity of the offence.
The High Court emphasized the seriousness of the offence, describing it as premeditated and syndicated. It underscored the universal reverence for the Holy Quran and the Prophet Muhammad (PBUH), citing their unparalleled sanctity. The judge referenced verses from Surah Ash-Shura of the Holy Quran during the proceedings.
Representatives from the state, including Deputy Attorney General AKM Amin Uddin Manik, Assistant Attorney General Sahab Uddin Ahmed Tipu, and Md Mojibur Rahman Mojib, participated in the hearing. Advocate Abdullah Al Mamun represented the accused.
The case originated from an incident where Nafisa Chowdhury posted a vulgar comment on a Facebook page called "Relationship" on November 2 last year. Subsequently, Selim Khan intentionally insulted religious sentiments by posting derogatory remarks with the intent to provoke unrest.
Following a complaint filed by Hanif Shah of Kushtia, the investigating officer, Inspector Sheikh Lutfor Rahman, submitted the charge sheet on December 31.
In December, Kushtia Additional Sessions Judge Ruhul Amin denied bail to the accused, prompting an appeal to the High Court, which issued a rule on January 8. The High Court, after due deliberation, disposed of the rule and provided further directives in the matter.
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