Freedom of speech has certain boundaries, Rajshahi court observes
A Rajshahi court today observed that the country's constitution guarantees freedom of speech conditionally.
Rajshahi's Cyber Tribunal Judge Ziaur Rahman made the observation while delivering judgement in a case according to which madrasa student Abdul Mukit Raju of Paba upazila criticised Awami League as a political party, reports our staff correspondent.
"Freedom of speech doesn't mean people can say or write whatever they want," said the judge at the time.
The court explained article 39 of the constitution and said, "The security of the state cannot be compromised and diplomatic relations cannot be ruined while enjoying the freedom of speech."
"Freedom of speech cannot also cross the limits of public order, decency and morality, the court said, adding that "the contempt of court and incitement to criminal activities also fall off-limits to the freedom."
The term "freedom of speech" is not unfettered in any civilised country of the world and it is to be enjoyed under reasonable restrictions, added the judge.
The acknowledged standard of freedom of speech is that it would not harm the legitimate rights of others, he also said.
The court sentenced Raju to 10 years of rigorous imprisonment and also fined him Tk 10 lakh.
The convict would suffer one year more in jail in case he is unable to pay the fine, the court order mentioned.
In a case filed at Paba Police Station on May 28, 2017, Raju was accused of publishing a Facebook post criticising Awami League.
"Raju's Facebook post appears a simple conversation between a father and son, but, it deliberately shared false information, spread hatred, distorted history and incited a breach in the communal harmony," said the court order.
The court also said the punishment that was given to Raju would have been the same even if it was any other political party.
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