Bangladesh court sends back unauthorised case against Al Jazeera

A court in Dhaka has refused to take cognisance of a case against Doha-based broadcaster Al Jazeera because the petitioner did not take permission from the proper authorities before filing the plea.

After hearing the petition, Metropolitan Magistrate Shahidul Islam in the order on Tuesday said the petitioner did not follow Section 196 of the Code of Criminal Procedure or CrPC for the case.

According to the CrPC section, no court shall take cognisance of any offence punishable under certain chapters of the Bangladesh Penal Code, such as those against the state, unless upon complaint made by order of, or under authority from, the government, or some officer empowered in this behalf by the government.

Lawyer Abdul Malek alias Moshiur Malek, executive president of Bangabandhu Foundation, filed the petition on Feb 17 over the Al Jazeera report “All the Prime Minister’s Men”.

He sought to name Al Jazeera Media Network Acting Director General Mostefa Souag, Zulkarnain Shayer Khan alias Sami, Netra News Editor Tasneem Khalil and British journalist David Bergman in the case.

The petition stated that the accused have engaged in anti-state crimes by carrying out propaganda against Bangladesh and the state in the international arena.

The report published “anti-state information and lies about the government” and was widely spread on YouTube, defaming the government and tarnishing the dignity of the state, according to the petition.

Abdul Khalek, the lawyer for petitioner Malek, said they argued that the Penal Code allows filing of cases against foreign nationals.

Malek said, “The court did not dismiss the case. It will take cognisance of the case if we can get an order from the government or any official empowered by the government. But we haven’t taken a decision on it.”