Case study 1
Didarul Islam Bhuiyan
Case Summary
Didarul Islam Bhuiyan (39), along with 11 others, faced charges of spreading anti-state propaganda under Sections 21/25/31 and 35 of the Digital Security Act. Mr. Bhuiyan was arrested on 5 May 2020, and after spending five months in jail, he obtained bail on 14 September 2020. The case also involved accusations of spreading misinformation about Bangabandhu Sheikh Mujibur Rahman, the liberation war, and the COVID-19 pandemic.
After extensive investigation, a police report against eight individuals, including Bhuiyan, was submitted on 5 February 2021. The case was marked by legal complexities, including unsuccessful bail applications and a stay order on trial proceedings by the High Court on 3 May 2023. Bhuiyan is associated with a political movement namely “Rashtrochinta” which criticizes government policies and is also involved with various humanitarian efforts. He contended that the case was false, fabricated, and filed only to harass and humiliate him for his anti-government activism. Bhuiyan expressed concerns about the misuse of the Digital Security Act and called for accountability for false cases. Currently, he is on interim bail, awaiting further legal developments in the case.
Case Details
On 5 May 2020, Didarul Islam Bhuiyan was arrested by the RAB-3 team from his current residence in North Badda, Dhaka, on charges of spreading anti-state propaganda. Along with 11 others, he was charged with committing offenses under Sections 21/25/31 and 35 of the Digital Security Act, and a case was filed against them at Ramna Model Police Station, Dhaka Metropolitan Police (DMP) on the same night. After spending five months in jail, he was released on bail for six months on 14 September 2020, following a court order.
Afsar Ahmed of the Counter Terrorism and Transnational Crime Unit (CTTC) lodged a complaint before the Chief Metropolitan Magistrate’s Court in Dhaka on 10 May 2021. However, Bhuiyan contested the allegations. The Court dismissed his application. Subsequently, Mr. Bhuiyan sought recourse at the High Court against the lower court’s decision. On 3 May 2023, a Division Bench of the High Court comprising Mr. Justice M. Badruzzaman and Mr. Justice S.M. Masud Hossain, stayed the trial proceedings of the Digital Security Act case against Didarul Islam Bhuiyan. As of now, he remains on bail pending further legal developments.
Background
Didarul Islam Bhuiyan, the coordinator of a political think-tank organization called “Rashtrachinta,” has been charged under the Digital Security Act along with 11 others. They were alleged for spreading rumors, misinformation, or false information through social media to damage the image of the state, create confusion, and incite unrest among the people. Their alleged offenses relate
to the tarnishing image of Bangabandhu Sheikh Mujibur Rahman and misinformation regarding the liberation war of Bangladesh, and the Covid-19 pandemic. Additionally, the administrators of the ‘I am Bangladeshi’ page, including Sayer Julkarnain, Ahmed Kabir Kishore, Ashiq Imran, Philip Shumakher, Swapan Wahid, and Mushtaq Ahmed, have been alleged for engaging in anti-state conversations via WhatsApp and Facebook Messenger.
Remand
On 7 May 2020, following the case filed against Didarul Islam Bhuiyan (39) under the Digital Security Act, the investigating officer, Sub-Inspector Md. Jamshedul Alam, prayed for a seven-day remand of the accused. In response, the legal counsel for the accused filed a plea for bail and opposed the remand prayer. However, the Dhaka Metropolitan Magistrate Rajesh Chowdhury denied prayers of both sides.
The remand application submitted by the investigating officer alleged that the defendants had conspired to spread misinformation and create confusion through various Facebook pages and IDs. The intent of their actions was to defame the image and reputation of the state and to spread propaganda against government party leaders. The misinformation included false information regarding the coronavirus, the founding father of the nation Bangabandhu Sheikh Mujibur Rahman, the liberation war of Bangladesh, the armed forces, and the heads and members of various security forces. The defendants also used cartoons as a medium to spread their propaganda.
Bail
On 9 August 2020, Didarul Islam Bhuiyan submitted an application for bail before the High Court. However, the application was rejected. On 14 September 2020, a High Court Bench, comprising Mr. Justice M. Enayetur Rahim and Mr. Justice M. Mostafizur Rahman, granted an ad-interim bail for Didarul along with a ruling. The bail application was presented and moved by lawyers namely Hasnat Qaiyyum, Jyotirmoy Barua, and Kazi Jahed Iqbal. Deputy Attorney General M. Sarwar Hossain represented the state.
Charge sheet
Nearly nine months following the case, a police report was filed against eight individuals, including activist Didarul Islam Bhuiyan, cartoonist Ahmed Kabir Kishore, and writer Mushtaq Ahmed under the Digital Security Act. Investigating Officer Mahsin Sardar submitted the report before court on 5 February 2021. On 10 February 2021, Judge As-Shams Jaglul Hossain of the Bangladesh Cyber Tribunal ordered further investigation into this case. Thereafter another investigating officer was engaged namely Afsar Ahmed and he submitted another report to the Chief Metropolitan Magistrate’s Court in Dhaka on 10 May 2021, after concluding the investigation. As per the investigation report, seven individuals, including Didarul Islam Bhuiyan, have been implicated of committing offenses under the Digital Security Act.
The allegation states that the accused individuals have been involved in mutual coordination to disseminate confusion and misinformation through various Facebook pages and IDs with regard to the coronavirus, the father of the nation, Bangabandhu Sheikh Mujibur Rahman, Bangladesh’s Liberation War, and various security forces and their chiefs. They have also defamed the image and reputation of state and government party leaders by spreading rumors and creating confusion with the same propaganda and intention.
Chronology of Legal Proceedings
1st Hearing : 7 May 2020. Remand and Bail Hearing. The remand and bail we denied. 2nd Hearing : 16 June 2020. Remand Hearing. The remand was denied.3rd Hearing : 9 August 2020. Bail Hearing. The bail was denied.4th Hearing : 14 September 2020. Bail Hearing. The bail was granted. 5th Hearing : 20 April 2022. Hearing on Discharge from Accusations. No order was passed.6th Hearing : 4 April 2023. Hearing on Stay Order of Case Proceedings. No order was passed. 7th Hearing : 3 May 2023. Hearing on Stay Order of Judicial Proceedings. The order of stay was passed.
Accused’s Statement
When Didarul Islam’s case was filed, he was a member of the “Rashtrachinta” organization. On 5 May 2020, during the height of the COVID-19 pandemic, many people who were affected by the virus were unable to buy food due to the situation. In response, Didarul and other organizations worked together to deliver food to those in need. They also formed the Disaster Assistance Monitoring Committee, which published a report based on government resources. The report showed that the most impoverished area in Bangladesh was Kurigram, but it received the least amount of assistance. Meanwhile, Narayanganj, which is the wealthiest area according to the government survey, received the most food and financial aid. After publishing the report, within two to three weeks the victim received multiple threats, and at one point, he was taken from his workplace to the RAB-3 office. However, the RAB later denied this. During this time when Didarul was not found anywhere, his colleagues immediately went to neighboring offices to inquire about his whereabouts, but the search process was unsuccessful. Additionally, his family tried to file a GD (General Diary) at the police station, but it was not accepted. They were told that RAB had taken him away, thus preventing them from filing a GD. After his abduction, he was interrogated for seven hours with a cloth covering his head and handcuffs on his hands. Recalling the mental torture he had to face, he said “If a person is interrogated for seven hours with a cloth covering their head and handcuffs on their hands, no one can understand their mental state without experiencing it.” The next day, he was shown at Ramna Police Station as an accused in the DSA case, and it was said that he was arrested with two CPUs and a laptop in front of a hospital.
Didarul asked a question during the incident “Why would someone be in front of a hospital with so many things?” Afterward, as part of the judicial process, he was sent to jail through the court, and then he spent five months in jail. Five months later, a charge sheet was submitted in his name, based on the evidence that happened after he came out of jail three months later, which means they alleged him for committing offenses of a crime which will take place in future. Initially, Prothom Alo had covered a report on this charge sheet, and the witnesses in this case, whose statements were recorded, were various building security workers and managers, only one witness was from the police or the Rapid Action Battalion. It is said that on social media, his friend Mushtaq Ahmed, who later died in custody, the second accused, was involved in anti-state and anti-government activities, and they have found evidence of such activities. The evidence they have shown is a Facebook status Didarul posted three months later, which was a poem. The poem loosely translated reads, ‘I thought I would find justice, I thought I would find human dignity, I thought I would find fair trial. Instead, I found the highest difference between the rich and poor, I found oppression, I found torture. This is the DSA case.’ This poem is being used as evidence against him in this case. The trial of this case has been going on for almost a year. Mr. Bhuiyan asserts that, initially the courts were reluctant to hear his bail matter and they faced hurdles to put the matter before court. However, Didarul was hopeful and he stressed, “But focus on one thing, the nature of this case and the charge sheet, it is evident that it is a false case.”
A Facebook status has been shown as evidence of this case after three months of being released on bail. Didarul said with utmost frustration “A case should be filed against the perpetrators for making these false allegations, as they knew about it even before I received bail after five months of being in jail. Moreover, if this turns out to be a crime, then use of this law itself is treason against the state.”
Didarul has been accused of four charges – treason, sedition, conspiracy against the state, and conspiracy against the government. However, Didarul insists that those who accept this law are abusing it against the state. He stated, “Some ministers occasionally claim that it has been misused, and I do not agree with them. In any case, the application of this law is a misuse. In other words, DSA has created an atmosphere of fear.” Due to the severe consequences of this law, Didarul demands appropriate compensation for those who have suffered due to false cases under this law. He further added, “We want punitive measures against those who filed false cases, along with an investigation. In conclusion, what I want to say is that DSA is not Bangladesh’s first repressive law. There have been similar laws before, and there are even more repressive laws in addition to the DSA. It should not be that the government can make laws as it wishes, and every law must be mandated by the people before it is enacted.”
Current Status of the Accused
Didarul Islam Bhuiyan has prayed before the lower court for discharging him from the case as being false. However, the lower court dismissed that application. Subsequently, Didarul went to the High Court against the lower court’s decision. As a result, on 3 May 2023, a Division Bench of the High Court comprising of Mr. Justice Md. Badruzzaman and Mr. Justice S.M. Masud Hossain Dolon was pleased to stay further proceedings of that case filed under the Digital Security Act against Didarul Islam Bhuiyan and others. Advocate Hasnat Qaiyyum represented Didarul in court. Assistant Attorney General Md. Mizanur Rahman represented the state. Currently, Didarul Bhuiyan is out of jail on interim bail.
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