For much of Sunday, the sentencing of former Amar Desh editor Mahmudur Rahman by the Chief Metropolitan Magistrate Court in Dhaka dominated discussions.

Rahman is regarded as one of the most prominent journalists who has fiercely opposed Sheikh Hasina's regime over the past few years.

A striking image from 2018, showing his bloodied face at the Kushita court while seeking bail, has become one of the most iconic and contentious representations of "attacks on the press" in the last decade.

Upon returning to the country on Saturday after a five-and-a-half-year exile in Malaysia and Turkey, Rahman was greeted at the airport like a war hero. He left the airport in a convertible, waving to the crowd that had gathered to welcome him.

Just a day after his return, he surrendered at the CMM court and sought bail, but Dhaka's Additional Chief Metropolitan Magistrate Md. Mahbubul Haque denied his request and ordered him to prison.

This decision sparked significant backlash, particularly on social media, where the public and various analysts criticized the sentencing.

Over the past 15 years under Hasina's rule, the judiciary has largely lost its credibility, with many judges acting as extensions of the government, helping to suppress political opponents and dissenters.

The uproar surrounding Rahman’s sentencing is thus understandable, with many suggesting that the judiciary remains unchanged even after the “long July revolution” and significant shifts in its leadership.

Some have strongly criticized the Yunus administration for this verdict against Rahman. However, his sentencing may be misunderstood; the reality is more complex.

Sentence suspension debate

Mahmudur Rahman faced the Awami government's ire for publishing various reports, resulting in over 124 cases against him, including a seven-year prison sentence for both him and his wife in one instance.

He was previously arrested in June 2010 and again in April 2013, which led to the shutdown of Amar Desh. Reports indicate that he suffered torture while in custody during these detentions.

The case that led to his recent prison sentence involves what many consider a "ludicrous" charge of attempted kidnapping and murder of Sajib Wazed Joy, the son of former Prime Minister Sheikh Hasina and her ICT advisor.

Others convicted in this case include journalist Shafiq Rehman, Mohammad Ullah Mamun, Vice President of the Nationalist Social Cultural Organization (Jasash), his son Rizvi Ahmed (also known as Caesar), and businessman Mizanur Rahman Bhuiyan, who resides in the United States.

The sentences comprised five years under one section of the penal code and two years under another. In addition to the prison time, each individual was fined five thousand taka.

If they fail to pay the fine, they will each face an additional three months in prison, according to the ruling. At the time of the verdict, all were in hiding.

Mahmudur Rahman surrendered in court at 10:50 AM on Sunday, during which his lawyers submitted a bail application under the conditions of appeal. After the hearing, Magistrate Haque denied his bail request and ordered him to be taken into custody.

It’s important to note that on August 17 of last year, Mahmudur Rahman and four others were sentenced to seven years in prison by Dhaka's Additional Chief Metropolitan Magistrate Asaduzjaman Noor.

Notably, Shafik Rehman and businessman Mizanur Rahman Bhuiyan, both convicted in the same case, received a one-year suspension of their sentences.

This has sparked debate over why Shafik Rehman was granted a suspension while Mahmudur Rahman was not.

Opting for due process

According to Rahman's lawyer, Masud Ahmed Talukder, this discrepancy arises because Mahmudur Rahman chose to respect the law and did not attempt to circumvent due process.

However, this does not imply that Shafik Rehman bypassed legal procedures. Both the judiciary and the executive have the authority to suspend sentences through proper legal channels.

Advocate Masud Ahmed Talukder told Bangla Outlook that the government can pursue this in two ways: first, under Section 401(1) of the Code of Criminal Procedure, and second, through the President, who has the authority to grant pardons under Article 49 of the constitution.

Shafik Rehman's sentence was suspended under Section 401(1), and the Ministry of Public Administration issued a notification signed by Deputy Secretary Mohammad Abu Sayed Molla, confirming that his case was suspended in accordance with this provision.

“Shafik reportedly requested the interim government to facilitate the suspension of his case, and I also urged Mahmudur Rahman to do the same. However, he declined, stating he wouldn’t seek any favors and preferred to follow due process,” Talukder told Bangla Outlook.

Regarding the next steps, he mentioned that he would appeal to the district judge's court, which serves as the appellate court for Mahmudur Rahman’s case. Talukder expressed confidence that the former Amar Desh editor would likely secure bail there, as the case lacks merit.

He explained that while the CMM court has the authority to grant bail to any convicted individual sentenced to one year, Mahmudur Rahman’s seven-year sentence meant he could not obtain bail from that court and must instead secure it in the appellate court.

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