The High Court has recommended the government enact a law making it a non-bailable offense to insult or blaspheme the Quran, the Prophet Muhammad (PBUH), and all other religious scriptures and avatars.
The bench of Justice Md Rezaul Hasan and Justice Fahmida Quader gave the opinion on Monday 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, who confirmed the matter, said the order is very important. The High Court has recommended the enactment of a law with non-bailable arrest the maximum punishment of death or life imprisonment.
The court recommended that the Cyber Security Act 2023, that subsumed the Digital Security Act 2018, should prescribe no bail alongside the maximum punishment of death or life imprisonment for insulting the Holy Quran, the Prophet (PBUH), and all other religious scriptures.
The court said the previous law had it as a non-bailable clause. But the offense rate is increasing as the current law makes it a bailable offense to insult religious sentiments.
DAG Amin Uddin Manik said Selim Khan of Bheramara upazila in Kushtia made vulgar comments on a Facebook link 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 that the offense was a syndicated and premeditated crime. No one, including scientists Newton and Einstein, has ever questioned the Holy Quran and Hazrat Muhammad (PBUH).
At this time, the judge recited some verses from Surah Ash-Shura of the Holy Quran.
During the hearing, the state was represented by Deputy Attorney General AKM Amin Uddin Manik, Assistant Attorney General Sahab Uddin Ahmed Tipu, and Md Mojibur Rahman Mojib. Advocate Abdullah Al Mamun appeared for the accused.
According to the case information, Nafisa Chowdhury wrote a vulgar comment on a Facebook page called “Relationship” on November 2 last year.
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 with the intention of severely hurting religious feelings, it adds.
Hanif Shah of Kushtia filed a case at Bheramara Police Station on November 4 as the plaintiff. The investigating officer, Inspector Sheikh Lutfor Rahman, submitted the charge sheet on December 31.
On December 13, Kushtia Additional Sessions Judge Ruhul Amin rejected the accused's bail petition, following which the accused filed a bail petition in the High Court. The High Court on January 8 issued a rule asking why the accused should not be granted bail.
The court disposed of the rule and gave the directive.
