A division bench comprising Justice M Awlad Ali and Justice Zinat Ara passed the rule in response to a public interest litigation (PIL) filed by Odhikar, a human rights watchdog, and Nurul Kabir, editor of the New Age.

Jatiya Sangsad on February 12 passed the act amid protest by the opposition.

Earlier on December 11, President Iajuddin Ahmed promulgated an ordinance with immediate effect allowing the authorities concerned to tap telephones. The ordinance led to an outcry among the rights groups and political parties.

The secretaries of post and telecommunication, law, and home ministries and Bangladesh Telecommunication Regulatory Commission (BTRC) have been made respondents in the case.

Law and Parliamentary Affairs Minister Moudud Ahmed yesterday told reporters that a reply to the rule will be placed within three weeks, outlining the rationale behind making the law.

The petitioners submitted that privacy is a fundamental right as per article 43 of the constitution. Tele-tapping and collecting information from the conversation of two individuals constitute a gross invasion of privacy and thus violates the constitution.

The petition said the telecom act will be a new weapon for the government to harass its political opponents as well as infringe on the privacy of general people.

It said the government has taken all measures to invade people's privacy by tapping their telephones and thereby transgressing the bounds of decency and affronting human dignity.

In a way the government is trying to manipulate the state mechanisms over others. These were the practices of military regime in the then Pakistan and martial law administrators in Bangladesh, it noted.

The petitioners said it was quite undesirable that a democratically elected government would frame such an abusive and ill-motivated legislation.

Speaking on behalf of the petitioners, senior lawyer AF Hassan Ariff told the press that this act has infringed the freedom of press and individuals and has brought the people of the country under suspicion.

Section 97 (a) in the amendment act says the home ministry can authorise an official of intelligence agency, national security intelligence, investigating organisation or person to tap phones and collect conversation, and to resist the phone service operators from sending messages and conversations in the interest of national security.

The service providers would be obliged to carry out the orders of authorised official.

If the president declares an emergency or if the government feels that the state's security and law and order are in danger, it can suspend or amend any licence or certificate or permit, or suspend any particular activity of, or a particular service provided by an operator under this act.

Assisted by Khaleda Zaman, Ashik Al Jalil and Arafat Amin, former attorney general Hassan Ariff appeared for the petitioners while Deputy Attorney General Abdul Based stood for the government.