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.
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
1st Hearing : 29 September 2020. Interim Bail Hearing. The bail was granted.2nd 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.
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