What charges brought against Ayash, Marzia, under which sections?
A court has remanded four people, including A N M (Al Nur Mohammad) Ayash, member-secretary of the State Dialogue Forum, over defacing wall art depicting Rabindranath outside the Shilpakala Academy in Segunbagicha, Dhaka.
The case against the four has been filed under Sections 120B, 153A and 295A of the Penal Code. If the charges are proved, the offences carry different terms of punishment under these provisions.
In its remand application, police accused the four of attempting to spread hatred and create divisions in religious sentiment and communal harmony ahead of the upcoming Durga Puja, as well as of criminal conspiracy and incitement to create disorder.
Legal experts say Section 120B of the Penal Code deals with criminal conspiracy. A case can be filed under this section against anyone accused of conspiring to commit an offence.
The punishment depends on the nature of the conspiracy and the penalty prescribed for the offence concerned. Conspiracy to commit a serious offence may carry the same punishment as abetting that offence. In other cases, the law provides for up to six months’ imprisonment, a fine, or both.
Section 153A of the Penal Code deals with promoting enmity between different groups. Spreading or attempting to spread enmity or hatred between different groups of citizens through words, writing, signs or visual representations constitutes an offence under this section. It carries a maximum penalty of two years’ imprisonment, a fine, or both.
Section 295A, meanwhile, deals with deliberate and malicious acts intended to outrage religious feelings. Insulting or attempting to insult the religion or religious beliefs of a group, through words, writing or visual representations, with the deliberate and malicious intention of offending its religious feelings constitutes an offence under this section. The maximum penalty is two years’ imprisonment, a fine, or both.
However, the filing of a case under these provisions does not mean that the accused have been found guilty. The court will determine the punishment in accordance with the law if the charges are proved.
On 5 October, Dhaka South City Corporation (DSCC) cleared footpaths in Segunbagicha of encroachments. Portraits of 10 eminent figures who made significant contributions to art, literature and culture—including Shilpacharya Zainul Abedin, Satyajit Ray, Rabindranath Tagore and Kazi Nazrul Islam—were subsequently painted on a wall beside the footpath.
Ayash drew public attention on 10 October when he attempted to erase the graffiti in Segunbagicha. He was previously the member-secretary of the Mymensingh metropolitan unit of the Anti-Discrimination Student Movement. In recent times, however, he has courted controversy through a series of incidents.
Besides Ayash, 29, police showed Mohammad Sakibul Hasan, 19, Mohammad Sujon Mia, 18, and Marzia Khandaker Rimi, 27, as arrested in the case yesterday, Sunday.
Police sought 10 days of remand for all four accused for the sake of the investigation.
Defence lawyer Monir Hossain told the court that the allegations against the four did not warrant imprisonment. “The matter could have been settled with a slap. Remand is out of the question,” he said.
The court, however, ordered remand for different periods. Ayash and Sakibul were remanded for three days each, while Sujon and Marzia were remanded for two days each.
Asked for comment, Omar Faruqui, the state counsel and public prosecutor (PP) at the Dhaka Metropolitan Sessions Judge’s Court, told Prothom Alo: “Their actions amount to a kind of declaration of war against the government. They have made statements at various times that hurt religious sentiments. They are undermining our culture of communal harmony. Through mob actions, they have created fear among people across the country.”
Faruqui further said their aim was to obstruct development and attract viral attention. “That is why they use abusive language. They try to incite religious tensions. We need to find out whether there is a network behind them,” he said.