Invoking 3 sections of DSA debatable
The full text of JhumonDas' bail order can be found here. The High Court noted that the High Court could not invoke the three sections in the Digital Security Act for which Das was in prison over six months.
"Considering the evidence before the court, it is clear that the issue of invoking sections 25(1) (Ka), 31(2) and 35 of the Digital Security Act would be a controversial issue. This issue will be addressed during the trial.
"The petitioner [Jhuman] has been held in custody since March 16, 2021. Although the matter is currently under investigation, that alone would not be enough to deny petitioner personal liberty. His Facebook ID is not being commented at this time. "The petitioner is no longer required for interrogation," reads the entire order of Justice Mustafa Zaman Islam of the HC bench and Justice KM Zahid Sarwar Kajol.
Jhumon Das was implicated in the DSA case for criticizing Hefajat-e-Islam leader Mamunul haque on Facebook. He was released from jail on September 28, after the HC bench granted him bail for one year.
The full text of the order reveals that the HC noted in the order that people are knowingly sharing sensitive personal data via various digital platforms like Facebook, WhatsApp, and other social media.
The HC bench noted that the right of citizens to free speech and expression is not absolute and unrestricted.
"It is important to mention that Article 32 and 39(2)9(a), of the Constitution of Bangladesh, guarantee every citizen the protection and enjoyment of their right to life and liberty. This right does not extend to speech or expression and cannot be rescinded. "The government can impose reasonable restrictions for national interests," said the HC judges.
The full text of the order contains a request for the state to give reasons why Jhuman, the accused petitioner, should not be granted bail in the Sunamganj case filed on March 22, 2021. This was pursuant to sections 25(1) (Ka), 31(2)/35 and section 25(1) (Ka).
According to the full text, the HC ordered Sunamganj's superintendent of police to take security measures to ensure Jhuman Das does not leave Sunamganj in the next year.
Section 25(1) (Ka), DSA, states that "Any person transmitting, publishing or propagating any data-information through any website or other digital medium which he knows is offensive, false, threatening or in an attempt to insult, humiliate, humiliate, or malign any person... then such act shall be considered an offense."
Section 31(2) says, "If any person is found guilty of an offense under sub-section (1), then he shall be sentenced with imprisonment not exceeding 7 years or Taka 5 (five), lac or both."
Section 35(1) states that "if any person aids or abets another person to commit an offense under this Act, such act shall be considered an offence." Section 35(2) states that "in the case of abetment to commit an offence, the person who is abetted shall be punished with exactly the same punishment as the offence."
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