ICT?ACT

HC rejects writ challenging legality of Section 57

The High Court yesterday (Wednesday) summarily rejected a writ petition challenging the legality of Section 57 of the Information and Communication Technology (ICT) Act.
After concluding hearing, an HC bench, comprising Justice Farah Mahbub and Justice Kazi Md Ejarul Haque Akond, turned down the petition with some observations. The observations were not immediately available as they will come with the full verdict to be released later.
After getting a certified copy of the verdict, the petitioner will file an appeal before the apex court, Advocate Shishir Manir, counsel for the petitioner, told reporters.
During the hearing, Barrister Emran Siddiq, another counsel of the petitioner, told the court that Section 57 of the ICT Act has provided “unfettered discretion” to the administration, which was contradictory to the Constitution.
He said one person might be treated differently under different laws for the same offence. It is arbitrary and discriminatory, and it squarely violates articles 27, 31, 32 and 39 of the Constitution, he added.
He also said that the maximum punishment for crimes to be dealt with under Section 57 is 14 years’ jail, while it is two-year imprisonment under the Penal Code and seven-year jail under the Pornography Act. Hence, the government can pick and choose any law to try any accused, he added.
Opposing his submission, Attorney General Mahbubey Alam told the court that Section 57 was included in the ICT Act in consistence with relevant provisions of the Constitution. And the section did not violate any provision of the Constitution, he added.
Zakir Hossain, an accused in a case filed under this section with a cyber crime tribunal in Dhaka, filed the writ petition before the HC on Wednesday, praying that it declare Section 57 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 the trial proceedings of the case filed against the petitioner Zakir Hosain under the Act.
On July 24, the ex-wife of Zakir Hossain filed a case against him with Pallabi police station in the capital, accusing him of posting her picture on Facebook and writing a post against her. The trial court granted bail to Zakir in connection with the case on August 10, and Zakir filed a writ petition before the HC on August 26 challenging  Section 57.
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 14 years’ imprisonment.

 

 

ICT?ACT

HC rejects writ challenging legality of Section 57

The High Court yesterday (Wednesday) summarily rejected a writ petition challenging the legality of Section 57 of the Information and Communication Technology (ICT) Act. After concluding hearing, an HC bench, comprising Justice Farah Mahbub and Justice Kazi Md Ejarul Haque Akond, turned down the petition with some observations. The observations were not immediately available as they will come with the full verdict to be released later. After getting a certified copy of the verdict, the petitioner will file an appeal before the apex court, Advocate Shishir Manir, counsel for the petitioner, told reporters. During the hearing, Barrister Emran Siddiq, another counsel of the petitioner, told the court that Section 57 of the ICT Act has provided unfettered discretion to the administration, which was contradictory to the Constitution. He said one person might be treated differently under different laws for the same offence. It is arbitrary and discriminatory, and it squarely violates articles 27, 31, 32 and 39 of the Constitution, he added. He also said that the maximum punishment for crimes to be dealt with under Section 57 is 14 years jail, while it is two-year imprisonment under the Penal Code and seven-year jail under the Pornography Act. Hence, the government can pick and choose any law to try any accused, he added. Opposing his submission, Attorney General Mahbubey Alam told the court that Section 57 was included in the ICT Act in consistence with relevant provisions of the Constitution. And the section did not violate any provision of the Constitution, he added. Zakir Hossain, an accused in a case filed under this section with a cyber crime tribunal in Dhaka, filed the writ petition before the HC on Wednesday, praying that it declare Section 57 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 the trial proceedings of the case filed against the petitioner Zakir Hosain under the Act. On July 24, the ex-wife of Zakir Hossain filed a case against him with Pallabi police station in the capital, accusing him of posting her picture on Facebook and writing a post against her. The trial court granted bail to Zakir in connection with the case on August 10, and Zakir filed a writ petition before the HC on August 26 challenging Section 57. 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 14 years imprisonment.