HC recommends non-bailable clause for hurting religious sentiments in CSA

The High Court has recommended enacting a law making it a non-bailable offence to insult or blaspheme the Quran, the Prophet Muhammad (PBUH), and all other religious scriptures and avatars.

A High Court bench of Justice Md Rezaul Hasan and Justice Fahmida Quader gave the opinion on Wednesday (13 March) while disposing of a rule issued on the bail petition of a Kushtia man who made derogatory comments about the Prophet (PBUH) on Facebook.

Deputy Attorney General AKM Amin Uddin Manik told the media that the order is very important. The High Court has recommended the enactment of a law with non-bailable arrest and the maximum punishment of death or life imprisonment, he said.

The court recommended that the Cyber Security Act 2023, which subsumed the Digital Security Act 2018, should prescribe it non-bailable alongside the maximum punishment of death or life imprisonment for insulting the Quran, the Prophet (PBUH), and all other religious scriptures.

The court said the previous law had it as a non-bailable clause. But incidents of hurting religious sentiments are increasing as the current law makes it a bailable offence, it observed.

Amin Uddin Manik said Selim Khan of Bheramara upazila in Kushtia made vulgar comments on a Facebook post about the Prophet (PBUH). In the bail hearing of the case, the High Court directed the investigating officer and the higher authorities to file a supplementary charge sheet against one Nafisa Chowdhury, who posted a vulgar comment on Facebook, as there was sufficient evidence in the testimony and evidence. The court also disposed of the rule as the section was bailable.

The High Court said the offence was a syndicated and premeditated crime. No one, including scientists Newton and Einstein, has ever questioned the Quran and Hazrat Muhammad (PBUH). At this time, the judge recited some verses from Surah Ash-Shura of the Quran.

According to the case information, Nafisa Chowdhury wrote a vulgar comment on a Facebook page called "Relationship" on 2 November last year. Then the accused Md Selim Khan intentionally hurt religious values and sentiments, insulted the Islamic faith with the intention of creating a riot, and intentionally posted the said post to hurt their feelings.

A person named Hanif Shah of Kushtia filed a case with the Bheramara police station on 4 November.

The investigating officer, Inspector Sheikh Lutfor Rahman, submitted the charge sheet on 31 December.

On 13 December, Kushtia Additional Sessions Judge Ruhul Amin rejected the accused's bail petition, following which the accused filed a bail petition with the High Court. The High Court on 8 January issued a rule, asking why the accused should not be granted bail. The court disposed of the rule and gave the directive.