Asif Nazrul explains legal process behind Mahmudur Rahman landing in jail

Law Adviser Professor Asif Nazrul has addressed concerns about Mahmudur Rahman, acting editor of the daily Amar Desh, being sent to jail after his surrender to a court, saying there was nothing the government could do since the journalist did not file a stay petition.

"If he had filed a petition, we would have recommended a stay of his prison sentence," Asif said in a video message on Wednesday.

“This incident has saddened many and angered some. You might wonder why Mahmudur Rahman, a leading figure in the anti-fascist struggle during the current government’s rule after the students' revolution, is in jail.”

“I have a lot of respect for Mahmudur Rahman. In this country, there was fascist rule under Sheikh Hasina and he initiated an intellectual struggle against it. For this, he had to endure torture and oppression,” he said.

The adviser said the trial in Mahmudur's case has been completed and the punishment handed down.

Asif highlighted that before his return to the country, a baseless case was also filed against his wife.

“He had applied for a stay of his sentence in that case, and when the Ministry of Home Affairs sought our opinion, we strongly recommended a positive view,” he said.

Asif compared Mahmudur's situation to that of another journalist, Shafique Rehman, who was also sentenced in the same case.

“Shafik Rehman applied for a stay, and based on our recommendation, his request was approved. Mahmudur Rahman did not do this,” he said.

He clarified the legal implications of Mahmudur's situation, saying: “The court that sentenced him is the same court where he sought bail. According to our criminal procedure code, if a court imposes a sentence of more than one year, it cannot grant bail. However, if an appeal is made to a higher court, that court can grant bail.”

The law adviser expressed hope for Mahmudur's future contributions, saying: “I hope he can freely contribute to the country as a journalist or intellectual, motivated by his patriotism.”