The High Court today rejected a writ petition filed by internationally acclaimed photographer Shahidul Alam — challenging legality of a case filed under Section 57 of Information and Communication Technology Act, 2006, in which he was imprisoned for 107 days.
The bench of Justice JBM Hassan and Justice Razik-Al-Jalil delivered the verdict on the ground that writ petition is not acceptable against criminal case proceedings, Deputy Attorney General Tushar Kanti Roy told The Daily Star.
There is no legal bar for the investigation officer to resume inquiry into the case, he added.
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 lawyer said the investigation officer should consider whether he will conduct investigation into the case filed under an abolished law.
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.
