The High Court has suggested that the Jatiya Sangsad consider introducing provisions for severe penalties, including the death penalty or life imprisonment, for "unnecessary, provocative, and indecent actions or statements" targeting the Holy Quran or Prophet Muhammad (PBUH).
This opinion was included in the full judgment of a case seeking punishment for hurting religious sentiment delivered on March 12 by a High Court bench comprising Justice Md Rezaul Hasan and Justice Fahmida Quader. The judgment was recently made public.
Case background
The case centred on Salim Khan, who was arrested on November 4 last year in Kushtia under sections 25, 28, 29, and 31 of the Cyber Security Act for allegedly insulting the Holy Prophet (PBUH) on social media. A complaint was lodged with Bheramara Police Station, leading to his arrest on the same day.
Salim Khan had commented on a Facebook post by Nafisa Chowdhury, which also became part of the investigation. The police filed a charge sheet against him on December 31, while the court instructed the investigation officer to include Nafisa as a co-accused after finding evidence of her involvement.
Following a bail rejection at the lower court, Salim applied for bail at the High Court, which granted him bail under stringent conditions, including a bond worth Tk 25 lakh.
The case was argued by Lawyer Abdullah Al Noman for Salim Khan, with Deputy Attorney General AKM Amin Uddin and Assistant Attorney General Sahab Uddin Ahmed representing the state.
Court’s observations
In its judgment, the court stated that freedom of expression does not extend to speech or actions that deliberately insult or provoke disrespect toward religious beliefs.
The judgment emphasised: “There is no logical or intellectual justification for criticising or insulting the Quran or the Prophet (PBUH). Such acts are an abuse of the concept of freedom.”
The court further observed that such provocative behaviour is neither a right nor defencible under the principle of freedom.
Recommendations to parliament
The High Court remarked: “It is desirable for parliament to consider provisions for maximum punishment, such as the death penalty or life imprisonment, for unnecessary, provocative, and senseless actions targeting the Quran or Prophet Muhammad (PBUH).”