Ctg court rejects 3 petitions filed by SC lawyer in Chinmoy's sedition case

The Chattogram Metropolitan Sessions Judge's Court has rejected three petitions filed by Supreme Court lawyer Advocate Rabindra Ghosh on behalf of Chinmoy Krishna Brahmachari, the spokesperson for Bangladesh Sammilita Sanatani Jagaran Jote.

Judge Saiful Islam issued the order today (11 December) morning after hearing both sides.

The petitions sought an expedited hearing date for Chinmoy's bail plea, the submission of case documents, and other related reliefs. However, the court dismissed them, citing the absence of a power of attorney (wakalatnama) from any member of the Chattogram Bar Association, according to Assistant Public Prosecutor (PP) Advocate Md. Raihanul Wazed Chowdhury, who confirmed the development to The Business Standard.

"The petitions were deemed inadmissible because the Supreme Court lawyer lacked a wakalatnama and did not obtain written permission from the lawyer who filed the case," said Advocate Raihanul. He explained, "For any petition to be filed in the court, a wakalatnama from a member of the Chattogram Bar Association is mandatory."

"When asked by the court if he had any wakalatnama or authorisation from the filing lawyer, Advocate Rabindra Ghosh admitted he did not, prompting the court to reject the petitions," Advocate Raihanul said.

Advocate Rabindra Ghose, however, told The Business Standard that there is an option of impunity for senior lawyers. "There is a High Court direction to allow senior lawyers to hear cases in absence of filing lawyers. The court could have accepted the petitions as I am a senior Supreme Court lawyer aging 75," he added.

"The lawyer defending Chinmoy has been framed in a case. Another lawyer's chamber has been vandalized. Out of fear they are not in a position to appear in the court", Rabindar alleged.

He also alleged that a group of lawyers harassed him and assaulted outside the court. "I have been bullied and attacked by about 40 people wearing black coats. I doubt they are not lawyers, they are rather outsiders who harassed me for defending Chinmoy in the court", Rabindra said.   

The hearing, which began at 11:00am, witnessed a tense moment when Rabindra Ghosh referred to a deceased Chattogram Bar lawyer as merely "deceased" instead of "martyr." This triggered protests from other lawyers present in the courtroom, causing a brief commotion.

The courtroom and surrounding areas saw heightened security due to the high-profile nature of the case. Law enforcement presence was significantly increased at entry points and around the court premises.

Chinmoy Krishna Brahmachari has been embroiled in controversy since October 31, when Firoz Khan, general secretary of the Chandgaon Mohra Ward BNP, filed a sedition case against him and 18 others. Following the filing, Chinmoy was arrested on 25 November at Shahjalal International Airport and handed over to Chattogram Metropolitan Police. He was denied bail when presented before the court on November 26, triggering a protest by Chinmoy's supporters in the court premises which later turned into a violent clash leaving a young lawyer Advocate Saiful Islam Alif beaten and hacked to death.

Protesting the tragic death of fellow colleague Chattogram District Bar Association urged all its members not to defend Chinmoy and all accused of Alif murder case in the court. In a press conference held at the conference room of the Bar on Monday, 9 December, the leaders, however, clarified that lawyers from outside the Bar can defend Chinmoy and the accused of Alif murder case.