5(Five Hindu
Temples) attacked at Lalpur within Ashugonj Upazila of Brahmanbaria District on
07.11.2014 by Muslim for defaming Hazarat Mohjammad (SM) in the face book of
Debashish Das @ Sohel- A Hindu.
Country: Bangladesh
Type of Violation:
Desecration of Hindu Deities
Type of Act: Right to Religious Freedom
Submitted to GHRD: 30.01.2015
GHRD Contact: Ms.
Nazli Tuncay
Investigation
conducted by: Adv. Rabindra Ghosh and
Mr. Salam Newaz (Leu Chowdhury) of BDMW
Date of investigation:
14 of November, 2014
Description:
On 7th November,14 at about 20.00 hours to
20.40 hours on hearing of posting of a portion of poem in the face book of Debashish Das @ Sohel (Hindu-30) regarding
sayings of a poem written by Lalon Fakir defaming Hazarat Mohammad (SM) some
unruly Muslim perpetrators armed with deadly weapons attacked and vandalized
simultaneously five Hindu religious places and houses at 1) Temple of Anukul
Das, 2) A temple of Dayamoy Das, 3) Two temples situated within cremation
ground of Nibaran Babu, 4) A temple of Suhash Das Chowdhury desecrating
religious places of Hindus.
In this connection police sub-inspector -
Mohammad Belal Hossain of Ashugonj P.S. being complainant of the two cases
lodged first information report (F.I.R) being case No.6 dated 04.11.2014 before Ashugonj Police station against
Debashis Das @ Sohel under section 57(1) of
Information and Technology Act,2006 for defaming Hazarat Mohammad in the
face book through internet. Another case Number 12 dated 08.11.2014 under
section 143/447/295/295-KA/298/379/427/506/114 Penal code has been started
against four known persons and 50-60 unknown persons for desecration of Hindu
deities. Both the cases were forwarded to court for trial.
1. Identity of the victim:
NB: [Including social, political, religious
position. Eg. Minority group]
Name: 1) Debashish
Das @Shohel son of Promod Das (In Jail custody)
2)
Patit Paban Das (45)
3) Prodip Kumar Das (60)
4) Sreecharan Das -(94)
5) Lasman Das (43)
6) Ranjit Das (45)
7) Gita Rani Das (55) All of Char
Lalpur, P.S. Ashugonj, Brahmanbaria district.
Age at time event: 30 years
Under 18: NO
Citizenship: Bangladeshi
Religion: Hindu
Caste: Religious Minority.
[Other] Minority status:
Home address: Village
: Char Lalpur, P.s. Ashugonj, District- Brahmanbaria.
Consent: NB:
[are the victims informed about the investigation and do they agree that their
case is made public? Are there special security measure, risks, limitations
involved?] : Yes the victim and his parents given us to proceed with the
investigation and they also ferar to publicise the mat ter because of threat
and intimidation shown by local Muslims.
2. Date and place of event:
Date: 03.11.2014 at about 19.30 minute for Case
No.06 dated 04.11.14
07.11.2014 at about 20.00 minute to
20.40 minute for Case No.12 dated 08.11.2014
Location: Village : Lalpur within the Temples
of Anukul Das, Dayamoy Das, Nibaran Babu. J.L. No.451, U.P. No.07 Lalpur.( For
Case No.12 dated 08.11.2014)
Village :
Char Lalpur of Lalpur Union within the house of victim-Debashish Das @ Sohel.
3. Alleged perpetrator(s):
NB: [1. Including social, political, religious
position and status of alleged perpetrator. 2 I. Where did this information
come from? Eg. Police report etc.]
For case No.06 dated 04.11.14 - Debashish Das @
Sohel (30), Victim is a religious minority. Police provided information for his
involvement.
For case No.12 dated 08.11.2014 : - 1) Mohammad
Babul Meah (20) son of Abdul Motalib of Lalpur Union, 2) Mohammad Rassel Meah
(19) son of Abdul Hye of Lalpur Union. 3) Mohammad Juel Meah (19) son of Abdul
Hye of Lalpur Union, 4) Mohammad Ali Azam (45) son of Abdul Barek of Lalpur
Kandapara, All of Ashugonj B.Baria and 50-60 other unknown perpetrators.
4. Legal status
NB: [Case submitted to court? yes: provide more
information / no: why not? Does the case require legal assistance?
For the case No.06 dated 04.11.2014 lodged by Police
against minority victim. In this case the victim - Debashish Das @Sohel had
been arrested by police for defaming Hazarat Mohammad on 03.11.2014 in the face book. We need to
give those family legal assistance.
For the case No.12 dated 08.11.2014 lodged by
Police against perpetrators of desecration of Hindu temples; police could not
arrest any perpetrators, however accused number 1 was arrested and all other
accused surrendered before the court and they got bail from the court.
5. Case Summary :
There are two criminal cases one is against
Hindu victim - Debashish Das@Sohel for alleged defaming Hazarat Mohammad in the
face book mentioning a portion of poetry written by Lalon Shah-in the internet
( Case No.06 dated 04.11.2014) on 03.11.2014. Another criminal case is against
identified four perpetrators and unidentified 50-60 perpetrators for alleged
attacks on 5 Hindu Temples (Case No.12
dated 08.11.2014) on 07.11.201. Police
arrested Hindu victim Debashish Das and sent him to court for trial, but on the
contrary police did not act for alleged demolition of Temple deities and
desecration of religious places of Minority Hindus. We on behalf of BDMW visited
the spot on 17.11.2014, met with local people, took statements of people, Hindu
devotes and other respective police officers who all disclosed that the poem
written by Lalon Shah-a luminous Muslim Writer wrote a book( Lalon Ved Samagra)
relating to Hazarat Mohammad- the victim Debashish Das quoted a portion of this
poem in his face book and as a result
Muslims of the said locality became angry and started to agitate other Muslims
to demolish religious places of Hindus including the house of Debashish Das
causing severe damages to 5 Hindu Temples 1) Dayamoyee Temple, 2) Karunmoyee
Teple,3) Loknath Temple, 4) Kali Temple and 5) Hindu Graveyard Temple located
within a radius of 3 kilometres of the house of Debashish Das. The news of such
attacks upon Hindu Temples and alleged defamatory languages used n the face
book by Debashish came up in the national news papers. Debashish quoted the
sayings of Lalon Shah from the book "Lalon Ved Samagra" written by
Mustafa Ahmed. Until and unless the book is proscribed reading of book and
posting anything in the face book for gaining knowledge is not an offense said
some witnesses during fact-finding. As such arrest of Debashish by police is
without any lawful authority. Police totally failed to protect the temples located
within the vicinity of the Hindu victims, after the demotion of those temples
police came but could not arrest the perpetrators till their bail was granted
by the local courts.
NB: [INFORMATION TO PROVIDE:
·
What. What happened? The type of human
rights violation; under which criminal category will it be processed in
accordance with national legislation? International?
·
Ans: One Debashish Das posted a
portion of poem written by one famous Muslim Poet -Lalon Saha in his Book as a
result several Muslim perpetrators assembled in the locality lALPUR UNION and
resorted to demolish 5 Hindu religious places : This type of assault on
religious institution of Minority Hindus is crime against religion. This matter
is still pending in the national legislation.
·
Who? Identity and position of victim
(against who? Is the violation related to the position of the victim to a
certain group?) Identity and position perpetrator (By who? Is the violation
committed as a result of the perpetrator’s identity or position?)
·
Ans: The victim is a religious Hindu
Minority of Bangladesh. The commission is certainly a religious Hindu Minority.
·
Where? And When? (location, spot, time,
date )
·
Ans: The attacks were done at Lalpur
Union within five religious places for Hindus at Lalpur-Ashugonj Upazila of
Brahmanbaria District. the attacks on Hindu religious places committed on
03.11.14 at about 19.30 minutes at Lalpur Union and within the house of victim.
·
Why? (How?)Brief context, background (Why?)
·
Debashish Das posted a portion of
poem written by pious and religious Muslim poet - Lalon Shah in his face book
through internet which Muslim says most derogatory and defamatory. Due to such
posting in the internet Muslims became agitated and took ked at their own hands to punish the offenders to
justice.
·
What measures did the victim take to
address the violation? (legal remedies?)]
Ans: The victim was arrested by
police for alleged defamation against Hazrat Mohammad on the same night, but
the father and mother of the victim did not come forward to lodge any complain
due to fear and intimidation shown
by the local Muslim
perpetrators. Police on their own accord lodged two cases simultaneously to
pacify the situation prevailing at that time.
6. Action:
BDMW visited the spot, met with
local people, victim's father & mother, received copies of F.I.R. talked
with police officers who accompanied us. Most of the witnesses disclosed us
that on hearing of news of posting of defamatory poem of Lalon Shah local mob
became angry and started to demolish some portion of Hindu Temples within the
vicinity of their locations and desecrated 5 (five) religious pleaces. Police already lodged F.I.R. against some
perpetrators who desecrated and attacked 5 Hundu Temples ( Case No.12 dated
08.11.2014). We also met with S.P.
Brahmanbaria, talked with Deputy Commissioner, and also other law enforcing
agencies to mitigate the sufferings of local Hindus. At that time a sense of
insecurity amongst the Hindus prevailing. The witnesses present during our fact
finding are 1) Patit Paban Das, Kartick Das, 2) Sreecharan Das, 3) Laksman Das,
4) Ranjit Das 5) Gita Rani Das, 6) Jowti
Rani Das and 7) Ms.Kona Rani Das.
7. Case Documents:
Document: 1)copy
of F.I.R.
2)Fact finding report
3) Newspaper reports.
8. Recommendations
NB:[What measures can be taken
(national/international? And by who?
NGO/State)]
BDMW is very much concerned about the attacks
on Hindu Houses and religious places on the date of occurrence: We demand :-
a) Exemplary punishment of the perpetrators
should be made for meting out justice to victim.
b) 5 Hindu Temples so far demolished should be
re-constructed and renovated to create congenial atmosphere amongst the
Minority Hindu communities.
c) Without banning or proscribing
the Book written by famous Poet in Bangladesh LALON FAKIR the posting of such statements of poet in the
internet face book the arrest of minority victim filing case against him is
without jurisdiction and discriminatory.
d) The detainee Mr. Das should be released on bail forthwith for ends
of justice.
e) The perpetrators responsible for attacking
Hindu temples should be punished as per law.
f) To establish rule of law and
congenial atmosphere for co-existence between different religion in the country
should be ensured.
g) responsible police officers who
instantly protect the Hindu deities and Temples should be asked to explain why
they could not protect those temples despite such news was published in the
news papers.
9. Clarifications: Recently BDMW came to
know from Officer in Charge of Ashugonj PS that the police is trying to compromise
two cases within the locality, although
the cases are not compoundable as per law.
10. Press/ Media: The daily Jugantor, The daily
Janakantha, the daily Ittefaq, dated 8.11.2014.
Through :
Adv. Rabindra Ghosh
President - Bangladesh Minority Watch (BDMW)
12, K.M. Das Lane, Tikatully, Wari PS, Dhaka.
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