A writ petition was filed and a legal notice served yesterday asking the government to scrap section 57 of the Information and Communication Technology (ICT) Act, amid severe criticisms regarding its alleged abuse by the law enforcement agencies.
Recently, some government high-ups too advocated for revising the “vague” section that can be used to bar freedom of speech and expression of the citizens. Journalists, rights activists and bloggers have also demanded that the controversial section be scrapped.
The petition was filed by Zakir Hossain, who identified himself as a citizen, seeking the court’s directives to revoke the provision. The petitioner states that the court should declare the section unconstitutional.
“This section violates the constitutional provisions regarding equality in the eyes of law, right to protection of law, protection of life and personal liberty, freedom of thought, conscience and free speech,” said petitioner’s lawyer Shishir Manir, who represents Jamaat-e-Islami war crimes accused and convicts.
The petitioner claims that since the term “offence” is not well-defined in the Act and at the same time carries wide range of meanings, anyone can be harassed under this provision.
The High Court might hold a hearing on the matter on August 30, the lawyer said.
The provision says: “If any person deliberately publishes or transmits or causes to be published or transmitted in the website or in any other electronic form any material which is false and obscene and if anyone sees, hears or reads it having regard to all relevant circumstances, its effect is such as to influence the reader to become dishonest or corrupt, or causes to deteriorate or creates possibility to deteriorate law and order, prejudice the image of the state or person or causes to hurt or may hurt religious belief or instigate against any person or organisation, then this activity will be regarded as an offence.”
The ICT Act was passed in 2006 and amended twice – in 2009 and 2013. In the latest amendment, offences under section 57 were made non-bailable and the maximum punishment was extended to 14 years’ imprisonment. Offenders can be punished by minimum seven years imprisonment and the fine can be as high as Tk1 crore under the Act.
On the other hand, Supreme Court lawyer Yunus Ali Akhand yesterday sent a legal notice to the government requesting it to scrap sections 57 and 86 of the ICT Act within 24 hours. The notices were served to the secretaries of the law and ICT ministries, and the Cabinet Division.
He said that the two sections are discriminatory and unconstitutional.
Yunus said that he would file a writ petition with the High Court if the respondents do not take necessary steps to initiate a process of scraping the sections within 24 hours.
He alleged that sections 57 and 86 of the ICT Act contradict articles 7, 27, 39 and 40 of the constitution.
The article 27 ensures equal rights for all citizens, while article 39 allows freedom of thoughts and conscience, and freedom of press and speeches. In addition, article 7 says that all powers in the republic belong to the people and article 40 specifies the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business.
In the notice, Yunus said that the two sections of the ICT Act go against the people’s right to freedom of expression and free speech. Vague words in the section paves the way for its misuse against the common people, journalists and social media users.
On the other hand, section 86 prevents the public servants from the offences mentioned under the ICT Act violating equal rights.
Debate over section 57 and demands for its cancellation began since the formulation of the Act. But the controversy intensified when veteran journalist and war crimes trial campaigner Probir Sikdar was arrested and sent to jail as he posted a status on Facebook, expressing fear that his life was in danger because of some influential persons.
The law minister, Anisul Huq, recently said that the government would consider revising the section as many people raised questions against it. Senior Awami League leader Suranjit Sengupta, also the chairman of the parliamentary watchdog on the Law Ministry, too advocated for its cancellation.
