Jhumon Das Apon

Case Summary

Jhumon Das Apon, a 24-year-old youth from a rural background in Sunamganj, faced legal troubles when he criticized Islamic orator Mamunul Haque’s remarks on social media about Bangabandhu and the Hindu deity Shri Krishna. This led to communal tension, and attacks on houses and temples in the area. Jhumon Das was arrested under the Digital Security Act on 22 March 2021. He spent about 6 months and 12 days in jail before getting bail on 28 September 2021, with a few conditions.

The case originated from his criticism of Mamunul Haque, but it escalated into an attack on Jhumon’s house and violence against the Hindu community in response to his Facebook status. Despite voluntary surrender to the police, Jhumon faced challenges, including financial burdens like legal and circumstantial costs and the mental trauma from the ferocious attack on his house and village.

The legal proceedings included several bail hearings, and ultimately the High Court granted him bail on 23 September 2021. As of now, Jhumon Das is free on bail and his case is currently pending for trial before the Sylhet Cyber Tribunal.

Case Details

On 22 March 2021, one Sub-Inspector (SI) of Sunamganj Shalla Police Station namely Abdul Karim filed a case under Section 25(1)(a)/31(2)/35 of the Digital Security Act against Jhumon Das Apon (24) on charges of creating communal disorder by posting indecent posts on social media against the Joint Secretary General of Hefazat-e-Islam Bangladesh, Maulana Mamunul Haque and religious issues. After being in jail for about 6 months and 12 days, he was released on bail on 28 September 2021, with directions to comply with various conditions. The case is currently pending for trial before the Sylhet Cyber Tribunal.

Background

On 15 March 2021, Mamunul Haque, Central Joint Secretary General of Hefazat-e-Islam, Bangladesh addressed a rally at Dirai, Sunamganj. Following the rally, it is alleged that Jhumon Das criticized them and gave a ‘provocative and offensive’ status on Facebook. Following this, people from the Hindu community made various comments on his post. Subsequently, the people of the local Muslim community staged a protest march demanding legal actions against Jhumon. In this context, communal tension arose in the area. To bring the situation under control, Jhumon Das was arrested from the local market on 16 March 2021, by Shalla Police Station. On 17 March 2021, he was shown arrested under section 54 of the Criminal Procedure Code of 1898 and sent to jail through the court. Five days later, on 22 March 2021, Abdul Karim the Sub-Inspector (SI) of Sunamganj Shalla Police Station filed a case against Jhumon Das Apon for causing communal disorder under Section 25(1)(a)/31(2)/35 of the Digital Security Act.

Remand

On 22 March 2021, when presented to the court, Investigating Officer Md. Shah Ali prayed for 7 days of police remand in connection with that case before the Senior Judicial Magistrate Cognizance Court. Two days remand was granted and Jhumon was taken to a two-day police remand on 27 April 2021, for further questioning on the allegation of communal disturbance in the case. After the interrogation, the police applied for the continued detention of Jhumon in jail for the purpose of investigating the case, and the court granted it.

Bail

On 18 July 2021, the lawyer of Jhumon Das sought bail at the Magistrate’s Court. Subsequently, his application for bail in the session and district court was denied on 3 August 2021. Thereafter, a bail petition was filed before the High Court and the High Court considered the bail application on 21 September 2021. Finally, on 23 September 2021, a High Court bench, comprising of Mr. Justice Mustafa Zaman Islam and Mr. Justice KM Zahid Sarwar, granted one-year bail to Jhumon with direction to comply with specific conditions. During the court proceedings, lawyers ZI Khan Panna, Nahid Sultana, and Ashraf Ali represented Jhumon, while Assistant Attorney General Mizanur Rahman represented the state.

Charge sheet

The police have submitted the Charge sheet.

Chronology of Legal Proceedings

1st Hearing : 20 April 2021. Remand Hearing. The remand was granted.2nd Hearing : 11 May 2021. Bail Hearing. The bail was denied. 3rd Hearing : 18 July 2021. Bail Hearing. The bail was denied. 4th Hearing : 3 August 2021. Bail Hearing. The bail was denied. 5th Hearing : 21 September 2021. Bail Hearing. The bail was denied. 6th Hearing : 23 September 2021. Bail Hearing. The bail was granted.

Accused’s Statement

Jhumon Das hails from Shalla, Sunamganj. But as his workplace was in Sylhet, he used to live there. He returned home to attend his sister’s wedding. It was during this time that Mamunul Haque, an Islamic orator, visited the area and delivered a speech allegedly derogatory to Bangabandhu and the Hindu deity Shri Krishna. As a mark of his protest, Jhumon posted a status on Facebook on 16 March 2021, which caused suffering under the Digital Security Act.

Recalling the series of events leading to the predicament, he said, “I constructively criticized him for belittling the Father of the Nation and posted a status regarding this. I did not say anything to personally belittle him.” His house was attacked on 17 March 2021, in response to his status, perceived as an insult to Islam in connection with the Mamunul Haque issue. The next day, he voluntarily surrendered and was detained by the police. Media reports show that 88 houses and 9 temples in his village were attacked after demonstrations calling for punitive measures against him. The government intervened, arresting many perpetrators, and ongoing assistance is being provided to those affected to help them return to normalcy.

The traumatic impact of that day’s attack lingers, affecting not only his sense of security but also hindering his ability to work outside his home in Dhaka or Sylhet. Struggling to meet the financial demands of two legal cases, he faces challenges in maintaining a harmonious family life. Despite enduring a prolonged period of imprisonment, he remains wary of potential harm and expresses concerns whether he could remain in the country in future.

Aware of the constitutional guarantee of freedom of speech in the constitution framed in 1972, he questioned ‘Why should advocating for Bangabandhu be considered a crime?’ The incarceration, mental torture, and harassment he endured prompted him to ask what are the status of these aligned with the cause of independence.

Current Status of the Accused

Jhumon Das is free on bail and his case is currently pending before the Sylhet Cyber Tribunal.