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Is a 1923 law applicable for modern Bangladesh?

Eminent citizens question govt’s move to arrest investigative journalist

Civil society bodies and eminent citizens across the nation issued statements decrying the arrest of Prothom Alo senior correspondent Rozina Islam and demanded her immediate release.

Addressing a webinar by the Committee for the Protection of Fundamental Rights (Moulik Odhikar Shurokkha Committee), eminent jurist Dr Shahdeen Malik commented on the use of the Official Secrets Act against Rozina Islam.

"I have only found one judgment under this law, and it was given by the High Court in 1983. This is a clear example that the government is using the criminal code to silence journalists in new ways," he said.

"The biggest trickery of these times is when the government says that law will take its own course and that nobody is above law. I demand that Rozina be given bail soonest," said Dr Malik.

"We should ask for a clear directive from the court regarding whether the Official Secrets Act can be used against a journalist in such a case. We should ask whether a law made in 1923 can be relevant to modern Bangladesh," opined Barrister Sara Hossain at the webinar.

She said that the law is applicable under circumstances where information is being passed to enemies of the state. "Unless, the government thinks that the public is the enemy of the state," she added.

"We also need to question whether the conduct of the government officials can be defined as misconduct – unless the government thinks that it is acceptable to assault someone and throw her onto the floor," said Hossain.

Dr Malik said Rozina Islam was arbitrarily detained for five hours to buy time for the government to frame a false case against her. "The police could have immediately rushed to the spot if they had wanted to," he said.

Syeda Rizwana Hasan, executive director of Bangladesh Environmental Lawyers Association (BELA) said, "When government officials assault us, do they forget that they are public servants?"

"The statements made by ministers suggest that there is potential for Rozina to get bail. Kajol, Kishore and Mushtaq were denied bail so many times, and Mushtaq ultimately died in prison. This shows that law does not take its own course. It takes the course directed by the government, who dictates who will get bail and who will not," said Professor Anu Muhammad of Jahangirnagar University.

"Rozina Islam's only 'crime' is that she is an investigative journalist and she has unearthed corruption. By arresting her, the government is sending a message that they are sheltering corrupt officials," said Dr Badiul Alam Majumdar, Secretary of SHUJAN at the webinar.

"What kind of information does the health ministry have that would jeopardise the safety of the state? Who gave the health ministry officials the power to detain her in the ministry?" questioned Faruq Faisal, regional director of ARTICLE 19 Bangladesh and South Asia.

"Journalists cannot ensure their safety until and unless they are united. Until the journalist unions stop pandering to different political parties, the government will continue doing this," added Faruq Faisal.

Journalism is under pressure from corporate owners, the government, the security forces and fundamentalists, said Robaet Ferdous, associate professor of journalism at Dhaka University.

Manusher Jonno Foundation (MJF), Bangladesh National Women Lawyers Association (BNWLA), Naripokkho, Ain O Salish Kendra (ASK) and Bangladesh Legal Aid and Services Trust (BLAST) made similar demands at a virtual press conference yesterday.

The organisations said in their statement -- the way Rozina Islam was detained and harassed by both male and female officials at the secretariat clearly falls under the 2009 High Court Guidelines of sexual harassments, which is a criminal offense. The organisations have been planning on lodging a charge against the officials.

"If she has to be tried even under the existing law, it has to be proved that she was a "spy" and intended to supply the papers to different states. If this could be proved, only then it would be a punishable offence," said Shahana Huda, senior coordinator of Manusher Jonno Foundation.

"Although the undisclosed part of the China-Russia vaccine agreement is a secret document, journalists have the authority to know or photograph that information," she added.

University Teachers' Network issued a statement demanding immediate release of Rozina. They also demanded that the Official Secrets Act 1923 and Digital Security Act 2018 be immediately repealed. The statement was signed by a hundred university teachers.

Sixty-seven social activists of Bangladesh Mahila Parishad also hosted a press conference demanding Rozina be immediately released. "We need to protect people working to uncover information that is beneficial to public interest," said their statement.

Management and Resource Development Initiative sent a statement decrying the harassment, prosecution and arrest of Rozina and demanded that the case against her be withdrawn immediately.

"In the age of free flow of information, the prosecution of a journalist under a colonial law like the Official Secrets Act is taking Bangladesh a step backwards," said the organisation.

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Is a 1923 law applicable for modern Bangladesh?

Eminent citizens question govt’s move to arrest investigative journalist

Civil society bodies and eminent citizens across the nation issued statements decrying the arrest of Prothom Alo senior correspondent Rozina Islam and demanded her immediate release.

Addressing a webinar by the Committee for the Protection of Fundamental Rights (Moulik Odhikar Shurokkha Committee), eminent jurist Dr Shahdeen Malik commented on the use of the Official Secrets Act against Rozina Islam.

"I have only found one judgment under this law, and it was given by the High Court in 1983. This is a clear example that the government is using the criminal code to silence journalists in new ways," he said.

"The biggest trickery of these times is when the government says that law will take its own course and that nobody is above law. I demand that Rozina be given bail soonest," said Dr Malik.

"We should ask for a clear directive from the court regarding whether the Official Secrets Act can be used against a journalist in such a case. We should ask whether a law made in 1923 can be relevant to modern Bangladesh," opined Barrister Sara Hossain at the webinar.

She said that the law is applicable under circumstances where information is being passed to enemies of the state. "Unless, the government thinks that the public is the enemy of the state," she added.

"We also need to question whether the conduct of the government officials can be defined as misconduct – unless the government thinks that it is acceptable to assault someone and throw her onto the floor," said Hossain.

Dr Malik said Rozina Islam was arbitrarily detained for five hours to buy time for the government to frame a false case against her. "The police could have immediately rushed to the spot if they had wanted to," he said.

Syeda Rizwana Hasan, executive director of Bangladesh Environmental Lawyers Association (BELA) said, "When government officials assault us, do they forget that they are public servants?"

"The statements made by ministers suggest that there is potential for Rozina to get bail. Kajol, Kishore and Mushtaq were denied bail so many times, and Mushtaq ultimately died in prison. This shows that law does not take its own course. It takes the course directed by the government, who dictates who will get bail and who will not," said Professor Anu Muhammad of Jahangirnagar University.

"Rozina Islam's only 'crime' is that she is an investigative journalist and she has unearthed corruption. By arresting her, the government is sending a message that they are sheltering corrupt officials," said Dr Badiul Alam Majumdar, Secretary of SHUJAN at the webinar.

"What kind of information does the health ministry have that would jeopardise the safety of the state? Who gave the health ministry officials the power to detain her in the ministry?" questioned Faruq Faisal, regional director of ARTICLE 19 Bangladesh and South Asia.

"Journalists cannot ensure their safety until and unless they are united. Until the journalist unions stop pandering to different political parties, the government will continue doing this," added Faruq Faisal.

Journalism is under pressure from corporate owners, the government, the security forces and fundamentalists, said Robaet Ferdous, associate professor of journalism at Dhaka University.

Manusher Jonno Foundation (MJF), Bangladesh National Women Lawyers Association (BNWLA), Naripokkho, Ain O Salish Kendra (ASK) and Bangladesh Legal Aid and Services Trust (BLAST) made similar demands at a virtual press conference yesterday.

The organisations said in their statement -- the way Rozina Islam was detained and harassed by both male and female officials at the secretariat clearly falls under the 2009 High Court Guidelines of sexual harassments, which is a criminal offense. The organisations have been planning on lodging a charge against the officials.

"If she has to be tried even under the existing law, it has to be proved that she was a "spy" and intended to supply the papers to different states. If this could be proved, only then it would be a punishable offence," said Shahana Huda, senior coordinator of Manusher Jonno Foundation.

"Although the undisclosed part of the China-Russia vaccine agreement is a secret document, journalists have the authority to know or photograph that information," she added.

University Teachers' Network issued a statement demanding immediate release of Rozina. They also demanded that the Official Secrets Act 1923 and Digital Security Act 2018 be immediately repealed. The statement was signed by a hundred university teachers.

Sixty-seven social activists of Bangladesh Mahila Parishad also hosted a press conference demanding Rozina be immediately released. "We need to protect people working to uncover information that is beneficial to public interest," said their statement.

Management and Resource Development Initiative sent a statement decrying the harassment, prosecution and arrest of Rozina and demanded that the case against her be withdrawn immediately.

"In the age of free flow of information, the prosecution of a journalist under a colonial law like the Official Secrets Act is taking Bangladesh a step backwards," said the organisation.

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