Chandan Kumar Dhar Prokash Chinmoy Krishna Das Brahmachari, popularly known as Chinmoy Krishna Das Brahmachari, a spokesperson of the Sanatan Jagaran Mancha and former leader of the International Society for Krishna Consciousness (Iskcon), has become a topic of national discussion following his arrest in a sedition case.
Chinmoy Krishna, who manages an Iskcon religious site called Pundarik Dham in Chittagong, was detained by the Detective Branch (DB) of Dhaka Metropolitan Police at Hazrat Shahjalal International Airport on Monday afternoon.
On Tuesday, a Chittagong court ordered his incarceration, which led to demonstrations outside the court.
The case, filed by Md Feroze Khan at Chittagong’s Kotwali police station, accuses Chinmoy Krishna and 18 others of hoisting a saffron flag above the Bangladesh national flag during a rally organized by the Hindu community under the banner "Sanatan Jagaran Mancha" on October 25 at New Market intersection in Chittagong.
The case alleges this act was "desecration" and "contempt for the country’s sovereignty," describing it as "treasonous activities aimed at destabilizing the nation by fostering an anarchic environment."
A photograph of the flags went viral on social media, drawing widespread criticism and prompting the flags' removal.
What the law says
According to the Bangladesh Flag Rules, 1972, no other flag can be flown above the national flag.
Violating this law can result in imprisonment of up to one year, a fine of up to Tk5,000, or both, as per amendments made in 2010.
The case also invokes Section 124(A) of the Penal Code, which defines sedition as any act that brings contempt or hatred against the government established by law.
The Section says: “Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law shall be punished with imprisonment for life or any shorter term, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine.”
What are lawyers saying?
Several eminent lawyers told Dhaka Tribune that hoisting or flying a flag does not inherently constitute sedition.
They argued that if such actions were considered sedition, thousands of people in Bangladesh would have faced charges during the football World Cup, when fans prominently displayed flags of their favorite teams.
The lawyers explained that sedition in such cases is subjective and tied to individual or group perceptions.
If someone believes his or her national sentiments have been attacked by the act of flying another flag, they have the right to file a complaint.
After investigation, the court decides whether the matter qualifies as sedition.
Supreme Court senior lawyer Dr Qazi Zahed Iqbal told Dhaka Tribune: “Intentionally hoisting another flag could potentially be an act of sedition, but it must be proven in court. Otherwise, the accused can seek legal remedies.”
Referring to the case against Chinmoy Krishna Das, he said that the police detained him based on preliminary information after a complaint was filed. “Now, it is up to the court to determine its validity.”
However, prominent lawyer ZI Khan Panna criticized the case, calling it vague and lacking in necessary details.
He pointed out that sedition cases had been filed in the past against himself, Dr Kamal Hossain, and other notable figures.
“I am sure in the future Dr. Muhamad Yunus will also face this type of sedition case when he will not be in the chair of the Chief Adviser,” he added.
“It required permission from the home ministry to file any sedition case based on the penal codes 121 and 124. I have no idea how a police station can allow it,” ZI Khan Panna added, citing the sedition case filed against Chinmoy in a Chittagong police station.