A High Court bench yesterday rejected a writ petition filed by a lawyer challenging the legality of Sections 57 and 86 of the Information and Communication Technology (ICT) Act terming it premature.
The bench of Justice Quazi Reza-Ul-Haque and Justice Abu Taher Md Saifur Rahman said that the government had already begun considering some changes in section 57.
Supreme Court lawyer Yunus Ali Akhand filed the petition on August 27 since as the authorities did not respond to his legal notice served on the matter the previous day.
Following the order, Deputy Attorney General Tapos Kumar Biswas told reporters that the petitioner could not place any appropriate argument supporting his plea. The court told the petitioner that he would be allowed to move another writ petition if any new ground is mentioned.
On August 26, Yunus sent legal notices to the secretaries of the Law Ministry, ICT Ministry and Cabinet Division saying that the two sections were discriminatory and unconstitutional. Section 86 of the Act states that the government employees cannot be made accused of the offences under section 57 (1).
Meanwhile, another High Court bench, comprising Justice Farah Mahbub and Justice Kazi Md Ejarul Haque Akondo, yesterday heard another petition filed challenging the section 57.
During the hearing, petitioner Zakir Hossain’s lawyer Emran A Siddiq told the court that section 57 provides the administration with unrestricted discretion and that it violates articles 27, 21, 32 and 39 of the constitution.
Siddiq said that the maximum punishment under section 57 is 14 years’ jail, under the Penal Code two-year imprisonment while seven-year jail under the Pornography Control Act for the similar kind of offence. It gives the government scope to choose any law to try an accused.
The court later set today for hearing the state’s arguments on the matter. Attorney General Mahbubey Alam would represent the state during the hearing.
Zakir moved the petition on Wednesday urging the court to declare the section unconstitutional.
His former wife filed a case against him with Pallabi police on July 24 this year accusing him of harassing her by writings on Facebook.
On August 26, 11 citizens, including university teachers and activists, sent a legal notice to the government requesting it to scrap section 57.
Debate over section 57 and demands for its cancellation began since the formulation of the Act in 2006. But the controversy intensified when veteran journalist and war crimes trial campaigner Probir Sikdar was arrested and sent to jail in a case filed for defaming a minister.
Journalists, rights bodies and writers have been demonstrating demanding cancellation of the controversial provision.
The law minister, Anisul Huq, recently said that the government would consider revising the section as many people raised questions about it. Senior Awami League leader Suranjit Sengupta, also the chairman of the parliamentary watchdog on the Law Ministry, too advocated for its cancellation.
