Mirza Fakhrul indicted for defamation

A Dhaka court yesterday framed charges against Mirza Fakhrul Islam Alamgir in a defamation case, ignoring a legal bar on such moves.

According to a provision of the Code of Criminal Procedure (CrPC), the court cannot take cognisance of a defamation case unless it is filed by the person who has been allegedly defamed.

In this instance, the person who was allegedly defamed by the BNP leader's remarks didn't file the case. It was filed by a leader of a pro-Awami League organisation against Fakhrul for allegedly making defamatory remarks against the AL and its chief Sheikh Hasina.

Metropolitan Magistrate Nur Nabi framed the charge and fixed October 3 for beginning the trial of the case.

On September 1, 2014, Nur-e-Alam Siddique, vice-president of Awami Matsyajibi League, filed the case with the Dhaka Chief Metropolitan Magistrate Court.

In the case, he alleged that BNP Secretary General Fakhrul on August 24, 2014 at a press conference at the party's Nayapaltan headquarters termed the ruling AL a “killer party” and its chief a “killer”.

Nur-e-Alam claimed to have been aggrieved by the remarks and filed the case.

Following a report submitted by Paltan police on December 18, 2014, the court summoned Fakhrul, but he didn't respond. On January 22, 2015, an arrest warrant was issued against him.

Section 198 of the Code of Criminal Procedure of 1898 doesn't allow the court to take cognisance of the defamatory charge against Fakhrul as the case wasn't filed by the person who was aggrieved by his remarks.

During yesterday's hearing, the counsel for the BNP secretary general questioned the legality of the case and submitted a petition for discharging Fakhrul.

Lawyer Sanaullah Mia told the court that the complainant of the case was not the aggrieved person and he was not victimised by Fakhrul's comments.

He said Fakhrul criticised the AL and its chief. But the AL chief didn't file any case against him.

Sanaullah cited some rulings and decisions of the higher courts that empower the court to discharge accused persons in such cases.

He stressed that the court couldn't frame charge against Fakhrul and that he should be discharged.

The prosecution, however, argued that Fakhrul's defamatory remarks were against the AL and its chief. The complainant is a member of a pro-AL organisation and his image has been damaged by the comments and he was aggrieved.

Nur-e-Alam appealed to the court to frame charge against Fakhrul.

Fakhrul, who is on bail in the case, pleaded not guilty and demanded justice after the magistrate read out the charge to him.

Talking to The Daily Star yesterday, BNP Standing Committee Member Moudud Ahmed said, “Charge cannot be framed in this case. We will go to the higher court seeking that the proceedings be quashed. The case is politically motivated and it has no future. The case is just to harass the political opponent of the ruling party.”

WHAT SECTION 198 SAYS

Sections 499 to 502 of the Penal Code, 1860, deal with the procedure of filing defamation case, trial and punishment for defamation.

On the other hand, section 198 of the CrPC imposes restriction on filing defamatory cases. According to this section, no court shall take cognisance of an offence falling under sections 499 to 502 of the Penal Code except upon a complaint made by some person aggrieved by such offence.

Provided that, the section says, where the person so aggrieved is a woman who, according to the customs and manners of the country, ought not to be compelled to appear in public, or where such person is under the age of eighteen years or is an idiot or lunatic, or is from sickness or infirmity unable to make a complaint, some other person may, with the leave of the court, make a complaint on his or her behalf.