Recent media reports indicate that the mobile phones of opposition leaders and activists attending political events were subject to searches by district police personnel for security reasons.
The officials had allegedly searched the leaders' and workers' messages, photo gallery and call history.
As a result of this action, questions have been raised about its legality.
As per Bangladesh's constitution, every citizen of the country possesses the right to move freely.
While the government holds the responsibility of ensuring citizens' safety, curtailing these rights under the guise of establishing security measures is a clear violation of the constitution.
Article 27 of the constitution says “all citizens are equal before law and are entitled to equal protection of law” while, article 32 says “no person shall be deprived of life or personal liberty save in accordance with law.”
Meanwhile, article 36 ensures the citizen's freedom of movement, and article 37 upholds freedom of assembly.
What officials think
Regarding checking phones, Supreme Court lawyer Barrister Jyotirmoy Barua said cell phones are no longer merely communication devices; they have evolved into crucial tools encompassing cameras and Emails.
He further added mobile phones may only be checked in the presence of a clear complaint or case. For instance, if a crime is committed using someone's mobile phone, a search may be conducted. Otherwise, no one's mobile phone should be subject to search.
The lawyer also said there is no law in Bangladesh permitting a direct search of a person's mobile phone. Such actions contravene the citizen's constitutional rights and ethical principles, thus constituting a violation of the law.
A senior official from Dhaka district police, who sought anonymity, said police personnel conduct vehicle searches during various meetings or rallies. “However, there is no instruction for police to check mobile phones. Officers are cautioned not to search personal items or mobile phones.”
Another Supreme Court lawyer Hasan MS Azim said searching mobile phones to maintain law and order is possible, but it is crucial to ensure that the person's personal affairs are not violated.
He emphasized that maintaining law and order is the police's responsibility, and they can take necessary measures.
However, he said, the level of intervention should be carefully assessed. Searching someone's mobile phone for personal galleries, private matters, bank details, or other unrelated issues would not be legal.
Barrister Jyotirmoy Barua said: "If someone becomes a victim of such an incident, they have the right to seek compensation and take legal action against those involved. Any force or its members committing an offence while in uniform will not be legally justified.”
However, he added, it does not mean that the police cannot commit a crime while wearing their uniforms. “In such cases, affected citizens have the option to approach the court and seek compensation."