HC rejects Shahidul Alam’s writ challenging legality of ICT case

The High Court has rejected a writ petition filed by internationally acclaimed photographer Shahidul Alam -- challenging the legality of a case filed against him under Section 57 of Information and Communication Technology Act.

The bench of Justice JBM Hassan and Justice Razik-Al-Jalil came up with the judgement on the ground that writ petition is not acceptable against criminal case proceedings.

Deputy Attorney General Tushar Kanti Roy said now there is no legal bar for the investigation officer to resume inquiry into the case.

Writ petitioner's lawyer Sara Hossain said her client will move an appeal before the Appellate Division of the Supreme Court challenging the HC verdict.

The IO should consider whether he will conduct investigation into the case filed under an abolished law, she added.

On March 14, 2019, the HC stayed the investigation of the case and issued a rule asking why the case filed under Section 57, even after the law was abolished through formation of Digital Security Act, should not be declared illegal.

On March 3, 2019, Shahidul filed a writ petition challenging the legality of the case, in which he was imprisoned for 107 days.

In the petition, he sought stay on the proceedings saying that it was filed against him "in violation of his fundamental rights and by abusing the process".

On August 5, 2018, Shahidul, founder of Drik Gallery and Pathshala South Asian Media Institute, was picked up from his Dhanmondi home during a widespread demonstration for safe roads.

Police lodged the case against him under section 57 of the ICT Act and produced him before a Dhaka court the following day.

On November 15, 2018, HC granted bail to Shahidul, while he was released from Dhaka jail the following day.