journalist Nomani still ongoing and under trial.Under the Digital Security Act 2018 in Bangladesh
The Perpetual Misery
The Plight of the Accused
Under the Digital Security Act 2018 in Bangladesh
January 2024
https://freedominfo.net/
Principal Investigator
Ali Riaz is a Distinguished Professor of Political Science at Illinois State University, USA, and a
Nonresident Senior Fellow of the Atlantic Council. He is also a member of the Advisory Board of the
Centre for Governance Studies.
Research Assistants
Shrabony Akter obtained her Master’s and Bachelor’s Degrees from the Department of International
Relations, University of Dhaka. She works as a Research Assistant at the Centre for Governance
Studies.
Arman Miah obtained his Master’s and Bachelor’s Degrees from the Department of Social Work,
National University of Bangladesh. He works as a Program Assistant at the Centre for Governance
Studies.
Sadia Tasneem obtained her Master’s and Bachelor’s Degrees from the Department of Women and
Gender Studies, University of Dhaka. She works as a Research Assistant at the Centre for
Governance Studies.
Legal Advisor : Shihab Uddin Khan, Barrister-at-Law, Advocate, Supreme Court of Bangladesh
Photo : Sony Ramany
This project is funded by the National Endowment for Democracy (NED), USA.
The Centre for Governance Studies (CGS) conducts research on and facilitates collaborative efforts
among the academic community, government, private sector, civil society, and development
partners on governance, security, economic and human resource development, political and social
order, and democratization. For details, visit: http://cgs-bd.com/
Introduction 05
The Introduction and Amendment of the DSA 07
What made the DSA lethal? 09
The Big Picture 10
The Plights of the Accused 12
Case Study 1: Didarul Islam Bhuiyan 14
Case Study 2.1: Jhumon Das Apon 19
Case Study 2.2: Jhumon Das Apon 23
Case Study 3: Lutfur Rahman Shawon 26
Case study 4.1: Khadijatul Kubra 31
Case Study 4.2: Khadijatul Kubra 36
The Introduction and Amendment of the DSA 07
What made the DSA lethal? 09
The Big Picture 10
The Plights of the Accused 12
Case Study 1: Didarul Islam Bhuiyan 14
Case Study 2.1: Jhumon Das Apon 19
Case Study 2.2: Jhumon Das Apon 23
Case Study 3: Lutfur Rahman Shawon 26
Case study 4.1: Khadijatul Kubra 31
Case Study 4.2: Khadijatul Kubra 36
Case Study 5: Mamunur Rashid Nomani 40
Case Study 6: Md Ruhul Amin 44
Case Study 7: Md Abdul Kaium 48
Case Study 8: Pritom Das 52
Case Study 9: Shanto Banik 56
Case Study 10: Imtiaz Ahmed Kajol 60
Conclusion 64
References: Main Text 66
References: Case Studies 68
Case Study 7: Md Abdul Kaium 48
Case Study 8: Pritom Das 52
Case Study 9: Shanto Banik 56
Case Study 10: Imtiaz Ahmed Kajol 60
Conclusion 64
References: Main Text 66
References: Case Studies 68
CASE STUDY – 5
MAMUNUR RASHID NOMANI
Case Summary
Mamunur Rashid Nomani, an editor of a online news portal based in Barisal became an accused
under the Digital Security Act 2018 on 13 September 2020. He was beaten brutally before he was
handed over to the police. Nomani was alleged to have secretly collecting photographs on
mobile phones without permission. He spent 16 days in jail and thereafter got interim bail. His case
is still ongoing and he has to attend the court on a regular basis. The Charge Sheet of this case was
submitted in July 2022 which was after 2 (two) years of filing the case.
Case Details
According to the FIR, the Mayor of Barisal City Corporation, Serniabat Sadiq Abdullah, along with
his family members and other party leaders, were sitting on the bank of the river near Tirish
Godown Boddho Bhumi after observing of Sagardi Canal digging work in Ward No. 12 of Kotwali
Model Police Station. It is alleged that, meanwhile, Mamunur Rashid Nomani (41), with the help of
other accused, took pictures of the mayor secretly with his mobile phone for dishonest purposes.
When Councilor Manna and other leaders noticed the matter and asked Nomani and others why
they took the pictures, they denied the allegation. When they searched his mobile phone, the
people got agitated. Then, the excited crowd assaulted them. Thereafter, they called the police.
The police reached the spot and took 3 of them into custody.
Background
According to FIR, Councilor Sheikh Saeed Ahmed Manna of Ward No. 21 of Barisal City Corporation
lodged a case at Kotwali Model Police Station on 13 September 2020 against Nomani, Kamrul
Mridha, and Labu Gazi for the offense of secretly collecting and possessing photographs in the
mobile phone without permission and thereby they had committed offenses under Sections 26(2)
and 32(2) of the Digital Security Act 2018.
It is claimed by the accused and also found from other sources that, on 13 September 2020,
at approximately 10:30 pm. Nomani accompanied his friend Kamrul and driver Gazi to the bank of
Kirtonkhola river and saw Mayor Sadiq Abdullah who was allegedly intoxicated near the bank of
the river along with others. Nomani claims that the mayor began abusing them for no reason. The
mayor was accompanied by a group of party leaders who took all mobile phones that belonged
to Nomani and his friends and started accusing them of taking pictures and videos of the mayor
and his family members. Then, the mayor instructed his party members to assault them physically.
After receiving the Mayor’s order, they immediately threw Nomani and his friends into the river and
physically assaulted them. They struck rods on their heads. Three fingers of Nomani were broken.
After severe beatings, the mayor handed them over to the police, alleging that they had engaged
in acts of sexual harassment towards both his daughter and wife and took photos and videos of
them.
40 I The Perpetual Misery
MAMUNUR RASHID NOMANI
Case Summary
Mamunur Rashid Nomani, an editor of a online news portal based in Barisal became an accused
under the Digital Security Act 2018 on 13 September 2020. He was beaten brutally before he was
handed over to the police. Nomani was alleged to have secretly collecting photographs on
mobile phones without permission. He spent 16 days in jail and thereafter got interim bail. His case
is still ongoing and he has to attend the court on a regular basis. The Charge Sheet of this case was
submitted in July 2022 which was after 2 (two) years of filing the case.
Case Details
According to the FIR, the Mayor of Barisal City Corporation, Serniabat Sadiq Abdullah, along with
his family members and other party leaders, were sitting on the bank of the river near Tirish
Godown Boddho Bhumi after observing of Sagardi Canal digging work in Ward No. 12 of Kotwali
Model Police Station. It is alleged that, meanwhile, Mamunur Rashid Nomani (41), with the help of
other accused, took pictures of the mayor secretly with his mobile phone for dishonest purposes.
When Councilor Manna and other leaders noticed the matter and asked Nomani and others why
they took the pictures, they denied the allegation. When they searched his mobile phone, the
people got agitated. Then, the excited crowd assaulted them. Thereafter, they called the police.
The police reached the spot and took 3 of them into custody.
Background
According to FIR, Councilor Sheikh Saeed Ahmed Manna of Ward No. 21 of Barisal City Corporation
lodged a case at Kotwali Model Police Station on 13 September 2020 against Nomani, Kamrul
Mridha, and Labu Gazi for the offense of secretly collecting and possessing photographs in the
mobile phone without permission and thereby they had committed offenses under Sections 26(2)
and 32(2) of the Digital Security Act 2018.
It is claimed by the accused and also found from other sources that, on 13 September 2020,
at approximately 10:30 pm. Nomani accompanied his friend Kamrul and driver Gazi to the bank of
Kirtonkhola river and saw Mayor Sadiq Abdullah who was allegedly intoxicated near the bank of
the river along with others. Nomani claims that the mayor began abusing them for no reason. The
mayor was accompanied by a group of party leaders who took all mobile phones that belonged
to Nomani and his friends and started accusing them of taking pictures and videos of the mayor
and his family members. Then, the mayor instructed his party members to assault them physically.
After receiving the Mayor’s order, they immediately threw Nomani and his friends into the river and
physically assaulted them. They struck rods on their heads. Three fingers of Nomani were broken.
After severe beatings, the mayor handed them over to the police, alleging that they had engaged
in acts of sexual harassment towards both his daughter and wife and took photos and videos of
them.
40 I The Perpetual Misery
The Perpetual Misery I 41
39 G.R, 574/2020
Case Number
Arrested
13 September 2020
Case Filed at Kotwali Model
Police Station, Barisal
Metropolitan Police (BMP)
13 September 2020
For the offense of secretly
collecting and possessing
photographs on a mobile
phone without permission and
assistance to commit a crime.
Reason for Accusation
No Remand
Remand
Investigation Ended
N/A
Investigation Started
13 September 2020
MAMUNUR RASHID NOMANI
CASE STUDY
Application for Bail
29 September 2020
Bail Granted
29 September 2020
Submission of the Charge
sheet
July 2022
Hearing for Acquittal (No
Verdict)
04 April 2023
Under Trial
Current Status of the Case
Remand
No remand.
Bail
Nomani stated that he and other accuseds were in prison for 14 days; the first seven days were in
the quarantine ward, and the next seven days were in the regular ward. They were beaten before
being arrested. Nomani had three broken fingers, but he was not taken to hospital. They were not
given any treatment. On 22 September 2020, they were taken to the Sher-E-Bangla Medical after
repeated request and were sent to jail on 23 September the next day without providing proper
treatment. After 16 days, they got interim bail on 29 September 2020 from the District Judge Court
with certain conditions.
Charge sheet
Police submitted a charge sheet in July 2022, but Nomani was not informed. He learned about the
charges through a clerk of the Barisal Cyber Tribunal when he applied for an extension of interim
bail in late December 2022. In a forensic report dated 25 January 2021, the Criminal Investigation
Department (CID) stated it could not recover whether Nomani’s phone was used to film the mayor.
Chronology of Legal Proceedings
1 st Hearing : 29 September 2020. Interim Bail Hearing. The bail was granted.
2 nd Hearing : 4 April 2023.
Accused’s Statement
On the evening of 12 September 2020, Mamunur Rashid Nomani and two of his friends met the
mayor at the bank of Kirtonkhola River in the evening. At that time, Mayor Abdullah complained
that Nomani as an editor published a report in “Barisal Khabar” where he reported against the
mayor alleging failure of flood control in Barisal City Corporation. Nomani also recollected his
memory stating, “The Mayor got angry and slapped me. Nine other people were present with the
mayor at that time, among them were Barisal City Corporation employees, Awami League, and
Student League leaders and activists. After that, the mayor ordered his associates to seize my
phones and also from my friends forcefully.” While sharing the experience, Nomani said quote,
unquote “The Mayor’s people dipped me into the Kirtonkhola river for about seven minutes. Then,
Mayor and Ward Councilor Syed Ahmed Mannan started beating me severely with an iron rod
while four others held me tight.” During that time, Nomani lost consciousness, broke three fingers,
and suffered injuries all over his body, especially his head and chest were severely injured. Nomani
believes Mayor Abdullah’s anger was directed towards him because of his news report regarding
the failure of flood control. “I regained consciousness when I was taken to the police station, and
the police applied to the Barisal Magistrate’s Court to send me directly to jail without appearing
before the court so that no evidence of physical abuse could be found in the court.” Nomani
added in his statement.
Current Status of the Accused
Nomani stated that he has to attend a monthly hearing as he is not exempted from the case yet.
In a news report of Business Recorder dated 24 March 2023 it is stated that the charge sheet was
submitted in July 2022 without informing the journalist (Nomani). The case is still ongoing and
under trial.
The Perpetual Misery: The Plight of the Accused Under the Digital Security Act 2018 in Bangladesh
source :
https://cgs-bd.com/article/22323/The-Perpetual-Misery–The-Plight-of-the-Accused-Under-the-Digital-Security-Act-2018-in-Bangladesh
