A scuffle broke out between lawyers during a bail hearing at a Dhaka court on Wednesday in a case over an attempt to erase a portrait of Rabindranath Tagore painted on a wall outside Bangladesh Shilpakala Academy, prompting the judge to leave the courtroom temporarily before returning to reject the bail petitions of two accused.
Several lawyers on the prosecution side allegedly assaulted a defense lawyer after he objected to remarks made by the public prosecutor, leading to shouting and disorder inside the courtroom.
The accused, Al Nur Mohammad Ayas, also known as A N M Ayas, and Marzia Khandaker Rimi, were brought before Dhaka Metropolitan Magistrate Riyad Hasan. Their lawyer, Monir Hossain Sumon, sought bail for both.
Sumon argued that the case concerned the application of ink to Tagore's portrait and that the charges brought against his clients did not apply. He said that while some people loved Tagore, others disliked him, adding that the poet was neither a divine being nor an angel.
He also told the court that Ayas was ill and requested bail for both accused.
Dhaka Metropolitan Public Prosecutor Omar Faruque Faruqi opposed the petitions, alleging that Ayas had made statements about Pakistan and visiting the tomb of Muhammad Ali Jinnah.
Faruqi alleged that the remarks contained provocation and ulterior motives, and that the accused were attempting to create division by bringing Pakistan and India into the discussion.
He also questioned why the graffiti had been painted after hawkers were removed from Segunbagicha. He said people could advocate displaying portraits of Ghulam Azam and Matiur Rahman Nizami, but could not deface another person's portrait.
Faruqi further alleged that the accused had acted to provoke the Hindu community. He also accused them of abusing the government and the public over the past 7 months and teaching younger people to use abusive language.
Addressing the lawyers representing Ayas and Rimi, Faruqi said it was clear that they were all Jamaat-e-Islami lawyers.
Defense lawyer Al Mohsin Touhid objected to the public prosecutor's remarks. Several lawyers on the prosecution side then allegedly attacked him with punches and blows, tearing his shirt.
Some lawyers said Touhid was unwell, while others intervened and pulled him away from the confrontation.
As the shouting and disorder continued, the judge left the courtroom. A few minutes later, Faruqi and defense lawyer Monir Hossain Sumon brought the situation under control.
While standing in the dock, Ayas appealed to Faruqi, saying: “I have apologised, sir. I apologise. Please, I am sorry.”
Addressing the lawyers, he asked: “Will you destroy my life by doing this?”
Speaking to Touhid, Ayas said: “I do not know you. Why did you come?”
Another lawyer then rebuked Ayas, saying that Touhid did not know him.
Riyad Hasan later returned to the courtroom and expressed his displeasure over the incident.
“I felt very bad about what happened. I did not expect this from you. I am issuing the order at this stage,” he said.
The judge subsequently rejected the bail petitions and ordered that both accused be sent to jail.
While being taken from the court to jail under tight security, Ayas said: “Have I committed murder? Why are you taking me like this?”
He was later taken to the detention facility of the Chief Metropolitan Magistrate (CMM) Court.
Background of the case
On Saturday, October 10, Ayas and a group of young people faced police obstruction while attempting to erase a portrait of Rabindranath Tagore painted on a wall in front of Bangladesh Shilpakala Academy in Dhaka.
Following an exchange of words between the group and police, officers detained 4 people, including Ayas, and took them to the police station.
A woman was seen applying ink to the portrait before a police officer intervened. The woman said they had come to protest against “Indian aggression.” Despite police intervention, members of the State Dialogue Forum, led by its member secretary A N M Ayas, continued chanting slogans.
Shahbagh police station Sub-Inspector Ziaul Haque filed a case on Saturday over the attempt to erase Tagore's portrait.
The accused were charged with criminal conspiracy, creating enmity between different groups and hurting religious sentiments.
On Sunday, the court granted 2 days of remand for Marzia Khandaker Rimi and Sujon, and 3 days for Ayas and Sakibul Hasan.
On Tuesday, Sakibul Hasan and Sujon Mia were sent to jail after completing their remand.
On Wednesday, Ayas and Rimi were produced before the court after completing their remand. Shahbagh police station Sub-Inspector Abdul Gaffar Himel, the investigation officer in the case, applied for an order to keep them in jail.
The application stated that investigators had obtained important information during remand about other absconding suspects allegedly involved in the incident. The information was being verified, it said.
It further stated that keeping the 2 accused in jail was necessary until the investigation was completed and their names and addresses were verified. It also said they might need to be taken into police remand again for further and more detailed questioning in the interest of the investigation.