With the bail hearing in a sedition case set for January 2, uncertainty looms over the legal representation of former ISKCON leader Chinmoy Krishna Das Brahmachari.The complications arose after a lawyer named Saiful Islam Alif was killed amid clashes between Chinmoy’s supporters and police in the court area when Chinmoy was denied bail on November 26. Saiful’s father later filed a murder case, while his brother started a case on charges related to explosives, attacks on justice-seekers and vandalism. Police also filed three cases and arrested dozens of people over the deadly violence. Bangladeshi the leading and influential English newspaper ‘The daily Star’ reveal an article regarding the issues. Here thevoice.news would like the news form the daily star.
Many of the nearly 60 counsels who had argued for Chinmoy during the hearing on November 26 have been made accused in the case filed by Saiful’s brother.
This Media outlet contacted six of these lawyers and another who stood for Chinmoy. They said that although there is no direct threat, they would not represent Chinmoy in court on January 2 since they came under attack on social media.
Chattogram District Bar Association said it asked its members not to defend the accused in the Saiful murder case, but there was no bar on them to represent the accused in any other case.It said lawyers from outside can still represent those accused in the Saiful murder case. The Bar also said no one filed any complaint over a threat, and action will be taken if such a complaint is filed.
Public Prosecutor Mafizul Haque Bhuiyan told yesterday that they will oppose Chinmoy’s bail if a lawyer files a petition for him. He said the court will then decide whether to grant Chinmoy legal aid.
Meanwhile, Chattogram Bar announced it would form a human chain on Wednesday demanding the arrest of the rest of the accused in Saiful murder case and the transfer of the case to a speedy trial tribunal.
Chinmoy alias Chandan Kumar Dhar, who is also the spokesperson for the Sammilita Sanatani Jagaran Jote, and 18 others were sued by a BNP leader on October 31 for allegedly disrespecting Bangladesh’s national flag during a Hindu community rally in Chattogram’s New Market area on October 25.
Police arrested him a month later, and the following day, he was produced before a Chattogram court that denied him bail and sent him to jail. At that time, his supporters burst into protests and clashed with law enforcers and lawyers outside the court. Lawyer Saiful was beaten up and hacked to death during the violence. According to court sources, lawyer Suvasish Sharma submitted a Vakalatnama for Chinmoy on November 26. A Vakalatnama is a document that authorises a lawyer to act on behalf of his/her client. Despite repeated attempts over several days, Suvasish could not be reached for confirmation if he would seek to represent Chinmoy again on January 2.
Since there was no lawyer to represent Chinmoy during the bail hearing on December 3, senior lawyer Rabindra Ghosh from Dhaka filed an application to advance the date for Chinmoy’s bail hearing. However, the court rejected the application due to the absence of a Vakalatnama on December 11.
Regan Acharjee, one of the lawyers accused in the case filed by Saiful’s brother, told that he and Saiful were very close. Regan alleged Regan was attacked by around 10 of his colleagues when he was with two of his clients in his chamber during the clashes. The attackers vandalised the chamber before the clients and other lawyers rescued him.
“I am physically unstable now and have mental trauma. I have also been named in an FIR [First Information Report] and received threats through Facebook posts and comments. All of these make me feel unsafe to go to the court,” said Regan. “Many of us have the same fear. If someone becomes a victim of mob justice, no one will want to come forward to save them. Our senior lawyers are handling our bail issues in consultation with the Bar,” he added.
On condition of anonymity, another lawyer who participated in Chinmoy’s bail hearing on November 26 said, “This is the first time we are facing something like this over Chinmoy’s issue. Lawyers fear being humiliated if they handle the case, so no one is coming forward.” Another lawyer who alleged threats via Facebook said the situation has affected their income.
However, many accused in Saiful’s brother’s case are still working in court. One of them, a senior lawyer, told the reporter of the media, “I was not at the scene during the clash, and I did not stand for Chinmoy in court, but I have been implicated in the case.”I have been coming to court and continuing my work. No one has threatened or obstructed me.”
Chattogram Bar’s IT Secretary Abhijit Ghosh is also an accused in the case. However, he has been working in the court. He said the bar association was looking into the issue of lawyers being implicated in the case filed by Saiful’s brother.
“Many have been named as accused in the case while performing their professional duties. It is natural to feel fear when someone is accused in a case.
“However, no one has informed us about feeling insecure. If anyone notifies the bar association, we will take action.” Bar President Nazim Uddin Chowdhury refuted allegations that Chinmoy’s lawyers were attacked on November 26.
“It’s the conspiracy of the Indian media to establish fascism in the country once again. It’s false news, and there was no such incident.”He said reports of Chinmoy’s lawyers feeling unsafe over threats were an “exaggeration by the Indian media to disrupt the peaceful environment”. “I have no information that someone was assaulted or threatened so far in Chinmoy’s incident. It’s true that some lawyers were made accused in a case, but I have seen several of them doing their regular work in the court. “If someone doesn’t show up, that’s their personal issue. I can’t force them to come.”
Nazim also said the Chattogram Bar requested its members not to defend the accused in Saiful murder case. “But I never said lawyers from outside couldn’t come here and participate in the case hearing. We also have no issues with the other cases.”
Rabindra Ghosh, the lawyer from Dhaka who sought to represent Chinmoy, said, “A member of the Bar, Sumit Acharya, had told me that he would sign a Vakalatnama in favour of me, but he later refused to do so following the pressure or threat from Bar leaders.”
According to Nazim, there is a rule that a lawyer from outside requires a Vakalatnama from a local lawyer to represent a client.
Sumit told this newspaper, “It’s true that lawyer Saiful’s murder pains all the advocates of Chattogram court. The incident triggered anger among everyone in the court. However, I did not face any physical threat or any other bullying.”
” I felt mental pressure, so I decided not to sign the Vakalatnama for Rabindra. No one asked me to do so,” he added.