Section 57 of ICT Act

Concern all around

740 cases have been filed across the country under the ICT Act in the last 4 years, with 60 per cent of them being lodged under the controversial Section 57

At least 320 cases filed against a number of people, including more than 50 journalists, under the controversial Section 57 of the Information and Communication Technology (ICT) Act over the past two years are undergoing trial. According to statistics provided by the Cyber Security Tribunal, 740 cases have been filed across the country under the ICT Act in the last four years, with 60% of them being lodged under the controversial Section 57. Among them, a total of 443 cases were pending before the Dhaka Cyber Tribunal till March 31.

At present, the figure has risen to around 500, sources said. The rising trend of imposing Section 57 cases has raised concerns about its possible misuse to harass people. Only three such cases were filed in 2013, but the number has increased exponentially since then.

Numerous journalists, students and teachers have been imprisoned under Section 57, which has been termed “draconian” for its sweeping interpretation and implementation by law enforcement agencies.

According to the Dhaka Reporters Unity (DRU), a total of 16 members of their organisation have been sued under Section 57 of the ICT Act. With them, 34 other journalists were also sued under this section since 2015.

Among the journalists, at least 21 were sued under Section 57 of the ICT Act from March 1 to till July 7 amid a growing demand for the repeal of the provision, which is wide open to misuse, according to a media report.

In the latest incident, a local Jubo League leader has been sued under Section 57 for allegedly making indecent comments against an independent lawmaker in Pirojpur. Shafikul Islam, a follower of Pirojpur-3 lawmaker Rustom

Ali Farazi, on Friday filed the case with Mathbaria police station against Bashir Hossain, joint general secretary of the Betmore Rajpara union unit of the Jubo League.

Quoting the case statement, Mathbaria police station officer-in-charge KM Tarikul Islam said Bashir made an indecent comment on his Facebook account that tainted the lawmaker’s political and personal image.

Earlier, on July 6, a similar case was filed with the same police station against Ajmol Haque Helal, senior reporter of the daily Shokaler Khabor, and local Jubo League member Nurul Amin.

Amid a strident demand for the repeal of the provision, the High Court (HC) on September 1, 2015 issued a rule, asking the government to explain within four weeks why Section 57 of the Information and Communication Technology (ICT) Act should not be declared illegal.

After hearing a writ petition filed by 11 eminent citizens, the HC bench—comprising Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal—asked the secretaries to the ministries of ICT, home, law and information to reply to the rule within four weeks.

The 11 citizens are: Dhaka University history teacher Prof. Ahmed Kamal, its journalism department’s Gitiara Nasreen and Fahmidul Haq, international relations teachers Akmal Hossain and Tanjim Uddin Khan, social science department’s Samina Lutfa, Jahangirnagar University economics teacher Anu Mohammad, Dhaka resident Abdus Salam, cultural activist Arup Rahi, writer Rakhal Raha and Biplobi Workers’ Party general secretary Saiful Haque.

Barrister Jyotirmoy Barua, counsel for the petitioners, told the court that Section 57 was arbitrary and discriminatory. He said that it clearly violates Articles 27, 31, 32 and 39 of the Constitution. It goes against the constitutional provision of freedom of expression and equality before the law and the right to life, he added.

Barua further said Section 57 had been incorporated in Bangladesh’s ICT Act by taking a cue from India’s ICT Act, which the neighbouring country’s supreme court later found to be unconstitutional.

The Indian supreme court had scrapped a similar section of that country’s ICT Act on March 24, 2015. “Hence, Section 57 of the ICT Act of our country should also be abolished,” he argued.

Talking to this correspondent, Barua said he was preparing for the final hearing on the rule. “After making the preparations, I will move before the High Court (HC) for the final hearing very soon,” he added.

The HC bench—comprising Justice Farah Mahbub and Justice Kazi Md Ejarul Haque Akond—fixed Wednesday for delivering its order on another writ petition that has been filed challenging the legality of Section 57 of the ICT Act.

Zakir Hossain, an accused in a case filed under this section with the Cyber Crime Tribunal, filed the writ petition with the HC on September 1, praying that Section 57 of the ICT Act be declared unconstitutional.

The petition also sought an HC rule on the government to explain why Section 57 of the ICT Act, 2006 (as amended in 2013) should not be declared unconstitutional. It also sought an HC order to stay trial proceedings of the case filed against the petitioner under the Act.

Zakir Hossain’s ex-wife filed a case on July 24 against him at Pallabi police station in the capital, accusing him of posting her picture on Facebook and writing a post in Facebook against her. The trial court granted Zakir Hossain bail in connection with the case on August 10.

He filed a writ petition with the HC on August 26 that year, challenging Section 57 of the ICT Act.

The ICT Act was passed in 2006 and was amended twice—in 2009 and 2013. In the last amendment, offences under Section 57 were made non-bailable and the maximum penalty was extended to imprisonment for 14 years.

Rights activists have been vocal against these legal provisions, saying that they effectively muzzled the freedom of speech and expression. The forum of print media editors, the Editors’ Council, has also demanded the scrapping of Section 57.

Section 57 of ICT Act

Concern all around

740 cases have been filed across the country under the ICT Act in the last 4 years, with 60 per cent of them being lodged under the controversial Section 57

At least 320 cases filed against a number of people, including more than 50 journalists, under the controversial Section 57 of the Information and Communication Technology (ICT) Act over the past two years are undergoing trial. According to statistics provided by the Cyber Security Tribunal, 740 cases have been filed across the country under the ICT Act in the last four years, with 60% of them being lodged under the controversial Section 57. Among them, a total of 443 cases were pending before the Dhaka Cyber Tribunal till March 31. At present, the figure has risen to around 500, sources said. The rising trend of imposing Section 57 cases has raised concerns about its possible misuse to harass people. Only three such cases were filed in 2013, but the number has increased exponentially since then. Numerous journalists, students and teachers have been imprisoned under Section 57, which has been termed draconian for its sweeping interpretation and implementation by law enforcement agencies. According to the Dhaka Reporters Unity (DRU), a total of 16 members of their organisation have been sued under Section 57 of the ICT Act. With them, 34 other journalists were also sued under this section since 2015. Among the journalists, at least 21 were sued under Section 57 of the ICT Act from March 1 to till July 7 amid a growing demand for the repeal of the provision, which is wide open to misuse, according to a media report. In the latest incident, a local Jubo League leader has been sued under Section 57 for allegedly making indecent comments against an independent lawmaker in Pirojpur. Shafikul Islam, a follower of Pirojpur-3 lawmaker Rustom Ali Farazi, on Friday filed the case with Mathbaria police station against Bashir Hossain, joint general secretary of the Betmore Rajpara union unit of the Jubo League. Quoting the case statement, Mathbaria police station officer-in-charge KM Tarikul Islam said Bashir made an indecent comment on his Facebook account that tainted the lawmakers political and personal image. Earlier, on July 6, a similar case was filed with the same police station against Ajmol Haque Helal, senior reporter of the daily Shokaler Khabor, and local Jubo League member Nurul Amin. Amid a strident demand for the repeal of the provision, the High Court (HC) on September 1, 2015 issued a rule, asking the government to explain within four weeks why Section 57 of the Information and Communication Technology (ICT) Act should not be declared illegal. After hearing a writ petition filed by 11 eminent citizens, the HC benchcomprising Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamalasked the secretaries to the ministries of ICT, home, law and information to reply to the rule within four weeks. The 11 citizens are: Dhaka University history teacher Prof. Ahmed Kamal, its journalism departments Gitiara Nasreen and Fahmidul Haq, international relations teachers Akmal Hossain and Tanjim Uddin Khan, social science departments Samina Lutfa, Jahangirnagar University economics teacher Anu Mohammad, Dhaka resident Abdus Salam, cultural activist Arup Rahi, writer Rakhal Raha and Biplobi Workers Party general secretary Saiful Haque. Barrister Jyotirmoy Barua, counsel for the petitioners, told the court that Section 57 was arbitrary and discriminatory. He said that it clearly violates Articles 27, 31, 32 and 39 of the Constitution. It goes against the constitutional provision of freedom of expression and equality before the law and the right to life, he added. Barua further said Section 57 had been incorporated in Bangladeshs ICT Act by taking a cue from Indias ICT Act, which the neighbouring countrys supreme court later found to be unconstitutional. The Indian supreme court had scrapped a similar section of that countrys ICT Act on March 24, 2015. Hence, Section 57 of the ICT Act of our country should also be abolished, he argued. Talking to this correspondent, Barua said he was preparing for the final hearing on the rule. After making the preparations, I will move before the High Court (HC) for the final hearing very soon, he added. The HC benchcomprising Justice Farah Mahbub and Justice Kazi Md Ejarul Haque Akondfixed Wednesday for delivering its order on another writ petition that has been filed challenging the legality of Section 57 of the ICT Act. Zakir Hossain, an accused in a case filed under this section with the Cyber Crime Tribunal, filed the writ petition with the HC on September 1, praying that Section 57 of the ICT Act be declared unconstitutional. The petition also sought an HC rule on the government to explain why Section 57 of the ICT Act, 2006 (as amended in 2013) should not be declared unconstitutional. It also sought an HC order to stay trial proceedings of the case filed against the petitioner under the Act. Zakir Hossains ex-wife filed a case on July 24 against him at Pallabi police station in the capital, accusing him of posting her picture on Facebook and writing a post in Facebook against her. The trial court granted Zakir Hossain bail in connection with the case on August 10. He filed a writ petition with the HC on August 26 that year, challenging Section 57 of the ICT Act. The ICT Act was passed in 2006 and was amended twicein 2009 and 2013. In the last amendment, offences under Section 57 were made non-bailable and the maximum penalty was extended to imprisonment for 14 years. Rights activists have been vocal against these legal provisions, saying that they effectively muzzled the freedom of speech and expression. The forum of print media editors, the Editors Council, has also demanded the scrapping of Section 57.