Jhumon Das Apon

Case Summary

Jhumon Das Apon (24) faced legal repercussions after posting a status on his Facebook account regarding the placement of a mosque donation box near a temple in Sirajganj, Bangladesh. Subsequently, on 30 August 2022, Sub-Inspector Sumanur Rahman of Shalla Police Station, Sunamganj, filed an FIR against him under Section 25(3)/28(3)/29(2)/31(3)/35(2) of the Digital Security Act, alleging him for undermining religious sentiment and also causing insult. Following 85 days of jail custody, Jhumon Das was granted bail on 13 November 2022, under the condition of refraining from making religiously prejudiced or inflammatory statements on social media. His case is currently awaiting adjudication in the Sylhet Cyber Tribunal. The defendant, expressing concern about his safety and the challenges to family life, questions the constitutional guarantee of freedom of speech in light of facing legal consequences for expressing his opinions.

Case Details

Jhumon Das Apon posted a status on his Facebook account criticizing the placement of a mosque donation box near a temple in Sirajganj. This act led to a complaint filed by Sub-Inspector Sumanur Rahman of Shalla Police Station, Sunamganj, on 30 August 2022, citing insult to religion. The offenses alleged against him fall under Section 25(3)/28(3)/29(2)/31(3)/35(2) of the Digital Security Act. After undergoing 85 days of jail custody, Jhumon Das secured his release on bail on 13 November 2022. Presently, this particular case remains unresolved and is awaiting adjudication before the Sylhet Cyber Tribunal.

Background

Jhumon Das Apon posted a status on Facebook on 28 August 2022 about temples and mosques. The post sparked communal tension in the area. In view of this, on 30 August 2022, he was taken to the Shalla Police Station from his house located in Noagaon Village for interrogation. According to the police, after 12 hours of interrogation, Jhumon admitted that he had posted the ‘derogatory’ post on Facebook. Therefore, on 30 August 2022, Sub-Inspector of Shalla Police Station of Sunamganj, Sumanur Rahman lodged a FIR against Jhumon for insulting religion and to prevent communal riots under Section 25(3)/28(3)/29(2)/31(3)/35(2) of Digital Security Act.

Remand

No Remand.

Jhumon Das Apon (CASE 2)

CASE STUDY Bail

On 4 September 2022, when the bail application of Jhumon Das was filed in the lower court of Sunamganj, the concerned Magistrate rejected it. Later, a bail application was submitted to the District and Sessions Judge Court. The case was scheduled for a hearing on 19 September 2022 for the bail application, but the hearing was not held as the judge was on vacation. Later, on 26 September 2022, when the bail application was heard, Judge Zakia Parveen rejected his bail application. Subsequently, Jhumon Das submitted a bail application before the High Court. On 13 November 2022 a Division Bench of the High Court comprising of Mr. Justice Md. Salim and Mr. Justice Md. Riaz Uddin Khan granted interim bail for 6 months on the condition that he cannot further make any prejudicial or inflammatory comments on religious issues on social media. Barrister Tapas Kanti Baul appeared on behalf of Jhumon Das in the court..

Charge sheet

The Charge sheet has been submitted by the Police.

Chronology of Legal Proceedings

1st Hearing : 4 September 2022. Bail Hearing. The bail was denied.2nd Hearing : 26 September 2022. Bail Hearing. The bail was denied.3rd Hearing : 13 November 2022. Bail Hearing. The bail was granted.

Accused’s Statement

Jhumon Das Apon posted a status on his Facebook account critical to the placement of a mosque donation box near a temple in Sirajganj. People of his village were disappointed for posting such a status on Facebook. As a result, perceiving the status as an insult to Islam his house was attacked in response to his status, Police came to his house and arrested him. After being interrogated for 12 hours, police filed a charge against him on 30 August 2022.

Apart from the fear of security, he is struggling to meet the financial demands of two legal cases, he faces challenges in maintaining a harmonious family life. Despite having endured a prolonged period of imprisonment, he remains wary of potential harm and expresses doubt about the feasibility of living as a citizen in an independent country.

Aware of the constitutional guarantee of freedom of speech since 1972, he questions the paradox of facing legal repercussions for advocating Bangabandhu. He said, “I know that there is freedom of speech as per the 1972 constitution. In exercising freedom of speech, the administration is suing me for speaking for expressing my opinion.”

Current Status of the Accused

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