Why did the Court Reject Chinmoy Krishna Das’s bail? here‍‍`s what his lawyer says

Chinmoy Krishna Das Brahmachari, once a prominent leader of ISKCON and now the spokesperson for the Sammilita Sanatani Jagoron Jote, faced a setback on Thursday. 

A court in Chattogram denied his bail request, keeping him in custody as his case unfolds.

The hearing took place virtually in the Chattogram Metropolitan Sessions Judge‍‍`s Court. 

Mofizul Haque Bhuiyan, the state lawyer, presented his argument, stating, “Treason charges are non-bailable, so Chinmoy Das has no chance of being granted bail.” 

After listening to both sides, the court ruled against granting bail, a decision later confirmed by his lawyer, Suman Kumar Roy, who spoke to BBC Bangla.

Chinmoy Krishna Das’s defense team consisted of 11 lawyers, including Suman Kumar Roy. Explaining the state’s position, Roy said, “The state argued that this is a treason case, which could lead to life imprisonment. Since the investigation is still ongoing, they opposed bail and urged the court not to release him.”

The defense lawyers, however, argued that the treason charge linked to a flag desecration accusation was unfounded. 

Suman Kumar Roy highlighted a key point: “First of all, the video of the assembly shows that the flag flown beneath ISKCON’s flag was actually a flag with a crescent moon and star. In other words, it was not the Bangladeshi national flag.”

He further explained, “Moreover, the plaintiff did not include any specific legal provision regarding flag desecration, and the flag in question isn’t even mentioned in the seizure list.” 

Roy emphasized that these factors weaken the allegations significantly.

Additionally, the defense pointed out a procedural flaw in the case. 

As per Section 196 of Bangladesh’s Criminal Procedure Code, any treason charge requires formal approval from the Ministry of Home Affairs before a case can be filed. 

According to Roy, this procedure wasn’t followed in Chinmoy Krishna Das’s case.

“No individual can file a treason case without the state‍‍`s permission. The court doesn‍‍`t even have the authority to accept such a case. There are procedural mistakes, which means the case lacks a strong foundation. That’s why Chinmoy Krishna deserves bail,” said Roy.

The defense also reassured the court that Chinmoy Krishna Das has a fixed address, making it unlikely for him to flee. 

They promised to face the trial regularly, but despite these assurances, the court‍‍`s decision left his legal team disappointed.

Chinmoy Krishna Das was arrested on the afternoon of November 25 at Shahjalal Airport in Dhaka, while he was heading to Chattogram. 

The next day, on November 26, a magistrate court denied his bail and sent him to jail.

The November 26 hearing was followed by clashes and acts of vandalism, leading to the tragic death of a lawyer named Saiful Islam Alif.

Chinmoy Krishna Das‍‍`s arrest has also stirred reactions from India, sparking widespread attention.