Concerns are returning to cases and arrests due to posts on social media

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A festoon with the statement ‘Talk will continue, pen will continue’ was seen at a protest rally in Dhaka University on Tuesday. The protest was called to demand the release of AM Hasan Nasim. The police arrested him on April 18 for spreading misleading information about Jatiya Sangsad Chief Whip Nurul Islam on Facebook. Protesters claim that sharing a cartoon on Facebook is the reason behind Naseem’s arrest. However, his bail was ordered in the afternoon.

A series of recent arrests for sharing posts on social media has raised renewed concerns about freedom of expression. At least four people have been arrested under Section 54, Anti-Terrorism Act and Cyber ​​Security Act and one has been taken into police custody in the last one month.

On March 27, a person named Azizul Haque was arrested under Section 54 for sharing objectionable posts on Facebook about Prime Minister Tariq Rahman. The next day he was sent to jail. The post was given with a picture of the Prime Minister from a page. It was shared by Azizul Haque from his Facebook ID.

In another incident in Bhola, a woman named Bibi Sauda was arrested under Section 54 for posting anti-government posts on Facebook. Later he was released on bail when the matter was discussed.

Section 54 of the Criminal Procedure Code empowers the police to detain a person without a warrant. Human rights organizations have been complaining about the misuse of this clause for a long time.

The Criminal Procedure Code was amended during the interim government. The amendment says that in order to arrest someone without a warrant for a cognizable offence, the police must show that the person has committed the crime in front of the police. If a criminal complaint is under investigation, the police must show that there are reasonable grounds to suspect that the person has committed the crime. Article 54 cannot be used for preventive detention only.

However, human rights activist Rezaur Rahman Lenin questioned the application of Article 54 in the two incidents of Mymensingh and Bhola. He told Prothom Alo that according to the law, it is mandatory to clearly state the reason at the time of arrest. But in many cases it is not being followed.

According to Rezaur Rahman Lenin, the restriction of freedom of expression in Bangladesh has always been a continuous process. He said the trend of prosecutions and arrests for expressing opinions on online platforms has been visible over the past decade and a half and the recent incidents are part of that continuum.

During the rule of Awami League, the use of various laws to prevent freedom of expression was widely discussed. Cases and arrests increased under several harassment laws, including the Digital Security Act.

In the beginning, the Information Technology Act became a tool to suppress dissent. The application of Section 57 of this Act was widely criticized. Then in 2018, the Digital Security Act was enacted. On June 5, 2023, the then Law Minister Anisul Haque said in the National Parliament that till January 31 of that year, a total of 7,001 cases have been filed under the Digital Security Act across the country. The ‘Cyber ​​Security Act’ was enacted in 2023 after canceling this controversial law in the face of widespread criticism at home and abroad.

After the Awami League government was ousted in a student uprising on August 5, 2024, the interim government repealed the Cyber ​​Security Act. Then the Cyber ​​Security Ordinance was promulgated. However, although the law has changed, there has been no visible change in the type of arrests based on online expression of opinion, according to the concerned persons.

After the arrest of content creator Hasan Nasim on April 17, Gulshan police station was shown arrested in a case under the Cyber ​​Protection Act.

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Hasnat Abdullah, Member of Parliament for Comilla-4 Constituency, Chief Organizer of Jatiya Nagrik Party raised a question in the Parliament about Nasim’s arrest. He said, “We can’t even imagine that Hassan will be arrested for sharing cartoons after an election. Honorable Speaker.” We saw during Hasina’s tenure that people were arrested for taunting.

In response, Chief Whip Nurul Islam said, “If anyone is arrested for drawing cartoons about me, I request them to be released.” However, he alleged that false and misleading propaganda was made against him and BNP by some fake IDs in December last year. Nurul Islam also said, ‘We don’t know whether that gentleman is involved in all these cyber activities or not?’

Earlier, former VP Sheikh Tasnim Afroz Imi of Dhaka University’s Shamsunnahar Hall was arrested for playing Bangabandhu’s historic speech on March 7 this year. He is still in jail after being sent to jail in a case under the Anti-Terrorism Act.

Human rights activists believe that the desire to open the door to freedom of expression, created by the July coup, is creating new concerns in recent events.

Noor Khan, a former member of the Bangladesh Human Rights Commission, told Prothom Alo, “Through this, an attempt is being made to give an idea that no one can speak against anyone who is running the government, those who are leading.” Which was also done by the previous fascist government.

He said, when such issues are tried to be dealt with from a legal point of view, the natural right of people to question or criticize within the society is narrowed.

Supreme Court lawyer Barrister Sara Hossain told Prothom Alo that despite online and offline criticism during the interim government, relatively few legal steps have been taken. But after the election, there are again cases where arrests are being made for speech or expression—where no direct harm or threat is alleged.

He felt that even if there is power of arrest, necessity and justification should be considered in each case.

Sara Hussain said the manner in which arrests are being made in some cases, such as allegations of picking someone up late at night, are alarming and dangerous for citizens. These are not only bad practices, but clear violations of law and fundamental rights.

Sara Hossain urged the government to take a clear stand against such activities and hold those involved in such incidents accountable.