The High Court yesterday ordered the government to immediately take appropriate legal action against Islami Oikya Jote Chairman Fazlul Haque Amini under Criminal Procedure Code (CrPC) for his remarks about the constitution.
The HC order means Amini has to be arrested in a sedition case filed following its earlier order for proper steps against him, lawyers concerned said.
On July 14, Amini said at a public meeting in the city's Lalbagh area he will throw the amended constitution in dustbin.
Delivering its judgement on a writ petition, an HC bench ordered the home secretary, inspector general of police and commissioner of Dhaka Metropolitan Police to submit a compliance report to it by August 25 after taking legal action against Amini.
The IOJ leader was present in the court during the hearing on the writ petition yesterday and the day before.
Deputy Attorney General ABM Altaf Hossain told The Daily Star that the government recently submitted an application to trial court to issue a warrant of arrest against Amini in the sedition case filed for his remarks.
The HC bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Gobinda Chandra Tagore also directed the government to form a high-powered committee immediately to investigate allegations of Amini's involvement in militancy and links to JMB, al-Qaeda and Taliban networks.
The allegations were made before the HC bench on Wednesday during the hearing on the writ petition. Shahriar Kabir, who filed the petition, made the allegations which Amini denied.
The HC also asked the government to probe whether the national flag is hoisted and the national anthem is played at madrasas controlled by Amini. If it is not done at these madrasas, the government has to ensure that it is done, the court said.
The bench, however, exempted Amini from personal appearance before it in connection with the writ petition.
The HC observed that all conscious people have to uphold the dignity, sanctity and authority of the constitution and the Supreme Court. Even if a parliament member makes derogatory comments about the constitution and the court, his or her membership of parliament should not remain in force, as parliament is the offspring of the constitution, it said.
Article 39 of the constitution has guaranteed freedom of speech subject to some reasonable restrictions, and therefore, nobody can make any contemptuous comment on the constitution and the court, the HC judgement said.
"Constitution is the supreme law of the land which symbolises the sovereignty of the republic, and the Supreme Court is its protector," Justice Shamsuddin said delivering the judgement.
Amini has admitted that he wanted to throw away the constitution in dustbin, the judgement mentioned.
"Throwing away the constitution means the throwing of the sovereignty, which we earned at the cost of three million lives," it said.
Advocate Manzill Musrhid appeared for the writ petitioner, Attorney General Mahbubey Alam and Additional Attorney General Murad Reza represented the state while barrister Bodruddoza Badal argued for Amini
Source : The Daily Star
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