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No lawyers Stood By Chinmoy At The Chittagong Court

Rajib Sharma
December 3, 2024 5:17 pm
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No lawyers stood in defense of Chinmoy Krishna Das Brahmachari, the spokesperson for Bangladesh Sanatan Jagaran Mancha, head of Chittagong’s Pundarik Dham, and a former member of ISKCON, leading to the postponement of his bail hearing.

It has been reported that over fifty lawyers have been accused in a case filed by the family of lawyer Alif, who was murdered. Additionally, in a rally at the Doel Square in the court complex on Sunday, part of the legal community warned that Chinmoy Krishna Das should be implicated in Alif’s murder case, and ISKCON should be banned. Due to security concerns, Chinmoy’s lawyers did not represent him yesterday.

On Tuesday (December 3), no lawyers appeared for Chinmoy in a case of sedition filed by a BNP leader at the Chittagong Metropolitan Sessions Judge’s Court. The prosecution also requested a delay in the hearing. As a result, the court set January 2, 2025, for the next bail hearing.

Chittagong Court’s Assistant Public Prosecutor, Advocate Enamul Haque, confirmed, “No lawyer appeared for Chinmoy Das in court today, and the state requested more time. The court has set January 2, 2025, for the bail hearing. Since there was no hearing, the defendant’s side has no opportunity to appeal to the higher courts. Also, the case is still pending in the sessions court, so there’s no chance to appeal in the magistrate’s court either.”

Security around the court was heightened on the day of the hearing due to Chinmoy’s bail application, with police, Border Guard Bangladesh (BGB), and the military overseeing the area. However, Chinmoy was not brought to the court that day. In protest of the hearing delay, a section of lawyers staged a rally and march in the court complex. On November 26, the court had rejected Chinmoy’s bail plea in this sedition case, sending him to jail.

Following that order, members of the Sanatan community protested near the prison van in the court complex. After hours of protest, the police used batons and sound grenades to disperse the crowd, and Chinmoy was sent to prison. Later, some motorcycles and cars parked on the road outside the court were vandalized. The protest turned into a chase, and in the chaos, lawyer Saiful Islam Alif was murdered.

On the same day, Chinmoy’s lawyers filed a revision petition against the court order, seeking bail. However, the hearing did not take place that day. The next day, lawyers went on a work strike as per the bar association’s instructions on Wednesday and Thursday. With government holidays on Friday and Saturday, the court proceedings resumed on Sunday. That day, lawyers organized a protest and mourning rally. The rally ended with calls from the Bar Association President, Nazim Uddin Chowdhury, to refuse to defend Chinmoy in future cases and demand that he be charged in other cases.

In his speech, he stated, “If Chinmoy is brought to court, he incites unrest from the prison van with the help of the CMP’s microphone. This leads to protests, vandalism, and the murder of Alif. Chinmoy should be implicated in Alif’s murder case, and ISKCON should be banned in Bangladesh.”

While hundreds of lawyers stood by Chinmoy on November 26, no lawyer appeared for him on December 3, raising questions about the independence of the legal profession in the city.

Mohammad Pavel Majumdar, a concerned citizen, stated, “It is a matter of law whether Chinmoy is guilty or innocent. The matter of banning ISKCON should also be determined by law. But on November 26, I saw 200 to 300 lawyers stand by him. Why was no lawyer present for him yesterday? Are Chinmoy’s lawyers suggesting that he is guilty, or is there some fear or threat involved? This should be thoroughly investigated. If I were charged and no lawyer stood for me, I would be deprived of legal services as a free citizen, and it would undermine the credibility of our legal profession.”

Following the November 26 incident, where hundreds of lawyers stood by Chinmoy in court, over fifty lawyers, including senior and novice members, as well as journalists, have been named in a case filed by the family of lawyer Saiful Islam Alif regarding the clashes and vandalism at the court premises. Lawyers associated with Chinmoy have also reported threats and attacks, with their offices being vandalized.

Chinmoy’s lawyer, Regan Archarya, told, “I am a lawyer, and providing legal services is my profession. On November 26, I was not alone; I was with 200 to 300 lawyers. I was in court from 10 AM to 3 PM. After Chinmoy’s bail was rejected, we left for our respective offices. Around 4 PM, a group of people came to my office and attacked me. They also attacked my two clients. The chambers of other lawyers, Shusen Pal and Pradeep Shil, were also vandalized. Later, when I left for the hospital due to an injury, I was warned that I would face the same situation in court. I have a head injury and am currently receiving treatment. I have heard that I have been named as an accused in the case. I am currently experiencing security concerns, which is why I was unable to attend today’s hearing.”

When contacted, several senior lawyers and those accused in the case were unavailable for comment, with their phones being off.

Bangladesh Supreme Court lawyer Suman Kumar Roy commented, “Since Chinmoy is a leader among the Sanatan community, many lawyers supported him, likely due to solidarity or professional reasons. However, it is unfortunate that many of those who provided legal services are now being accused. No one is above the law, and if someone has committed a crime, a fair investigation should be conducted. It is regrettable that such widespread cases have been filed. The administration must investigate and make impartial decisions regarding those involved in the legal profession.”

It is worth noting that after the fall of the Awami League government on August 5, Chinmoy Krishna Das Brahmachari, the head of ISKCON’s Pundarik Dham in Chittagong, had been leading protests against attacks on minority communities across the country. Despite three months of protests, the government did not respond. On October 25, after a public meeting in Laldighi Maidan, a sedition case was filed by a BNP leader on October 30 at the Kotwali police station, with Chinmoy being named as one of the accused. A month later, on November 25, he was arrested at Dhaka’s Shahjalal International Airport. On November 26, following clashes and vandalism at the court premises, three cases were filed by the police, naming 76 people and accusing over 1400 others. Additionally, in the murder of lawyer Saiful Islam Alif, a murder case was filed by his father, accusing 31 people and naming 15-16 others as suspects. In another case filed by Alif’s brother Khan Alam, 116 individuals were named for vehicle vandalism and public assaults. So far, 39 individuals have been arrested in connection with these cases.

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