Invoking three sections of DSA debatable

In the full text of Jhumon Das's bail order, the High Court observed that invoking the three sections of the Digital Security Act, for which he was in jail over six months, was debatable.

"Considering the materials placed on record before this court, the issue with regard to invoking of sections 25(1) (Ka), 31(2), and 35 of Digital Security Act would be a debatable issue and to be considered during the trial.

"The petitioner [Jhuman] is in custody since March 16, 2021. Albeit the matter is under investigation but that itself would not be sufficient ground to deny personal liberty to the petitioner. At this stage, no comment is being made on his Facebook ID. The petitioner is no more required for interrogation," said the full text of the order by HC bench of Justice Mustafa Zaman Islam and Justice KM Zahid Sarwar Kajol.

Jhumon Das, implicated in the case filed under the DSA for criticising Hefajat-e-Islam leader Mamunul Haque on Facebook, walked out of jail on September 28 after the HC bench granted him bail on September 22 for one year.

In the full text of the order, the HC observed that in this digital age, people knowingly or unknowingly share sensitive personal data on various digital platforms such as Facebook, WhatsApp and other social media.

The HC bench observed that citizens' right to freedom of speech and expression is not unbridled and absolute.

"Needless to mention here that article 32 and 39(2)9(a) of the constitution of Bangladesh guarantees every citizen the protection of right to life and personal liberty and the right of every citizen to freedom of speech and expression, but this right is not unbridled or absolute. The government has the power to impose reasonable restriction for national interest," the HC judges said.

In the full text of the order, the HC also issued a rule asking the state to show cause as to why the accused petitioner (Jhuman) should not be enlarged on bail in the case filed in Sunamganj on March 22, 2021, under sections 25(1) (Ka)/31(2)/35 of the Digital Security Act.

The HC bench also ordered the superintendent of police in Sunamganj to take steps and measures for the security of Jhuman Das who will not leave Sunamganj for the next year without prior permission from the court concerned due to security reasons, the HC said in the full text of order.

Section 25(1) (Ka) of DSA says, "If any person, through any website or any other digital medium, intentionally or knowingly transmits, publishes or propagates any data-information which he knows to be offensive, false or threatening in order to annoy, insult, humiliate or malign a person… Then such act of the person shall be an offence."

Section 31((2) states, "If any person commits an offence under sub-section (1), he shall be punished with imprisonment for a term not exceeding 7 (seven) years, or with fine not exceeding Taka 5 (five) lac, or with both."

According to section 35(1) "If any person abets to commit an offence under this Act, then such act of the person shall be an offence". And section 35(2) says, "In case of abetment of committing an offence, the person abetted to commit the offence shall be punished with the same punishment as is provided for the offence."