Pritom Das

Case Summary

Pritom Das, a citizen rights activist based in Sreemangal, faced accusations under the Digital Security Act on 4 September 2022. The case (Number; 06) was filed by Mahbub Alam Bhuiyan, at Sreemangal Police Station citing “hurting religious sentiments.” Pritom was arrested on 9 September 2022, after expressing critical views on the government and sharing a quote from Saadat Hasan Manto on Facebook and spent 131 days in jail custody. After denial of his bail application six times, the High Court granted him bail on 19 January 2023. Investigating Officer Rakibul Hasan submitted a charge sheet on 25 January 2023, asserting that Pritom consistently posted anti-government and anti-Islamic content on Facebook, resulting in communal discord and religious tensions in the area.

Following Pritom Das’s arrest, a rally was organized by the ‘State Reform Movement’ and subsequently the rally was subject to physical attacks by Awami League and Student League members. Thereafter Pritom’s critical Facebook post was revived and hugely shared by Facebook users. Pritom made Facebook posts on various political contexts and on the basis of critical political thinking. Pritom asserts that the case, accusing him of anti-government posts and hurting religious sentiments, has caused significant personal, financial, and health-related hardships. Currently, he is on bail, however, the case is ongoing in the Sylhet Cyber Tribunal.

Case Details

Local Student League activist Mahbub Alam Bhuiyan filed a case against Pritom Das under Section 25(2)/28(2)/29(1)/31(2) of the Digital Security Act on 4 September 2022 for “hurting religious sentiments.” Afterwards, Sreemangal Police arrested him from the Sreemangal Municipal area on Friday 9 September 2022 at 7 pm. He was granted bail by the High Court after persistent try and several attempts. His bail applications were rejected six times before he obtained bail from the High Court. He was released on 19 January 2023, after spending 131 days in jail custody. Rakibul Hasan of Sreemangal Sreemangal police station being the investigating officer submitted the charge sheet to the court on 25 January 2023, after a long investigation. Currently, the trial of the case is underway.

Background

Pritom Das has consistently expressed critical views on government policies and decisions through his Facebook posts. On 6 June 2022, he questioned the efficacy of government departments, ministers, and secretaries, highlighting instances where critical information became apparent only after incidents had occurred. He challenged the existing system and its lack of accountability, raising concerns about potential future victims. On 8 July 2022, Pritom shared a quote from Saadat Hasan Manto, a prominent Urdu fiction writer of the early 20th Century, on Facebook. This post led to accusations of “insulting Islam” by Abed Hossain, the former general secretary of the Sreemangal Municipal Student League. Abed Hossain urged authorities to take

legal action against Pritom and provided a screenshot of the allegedly provocative post. On 29 August 2022, Abed Hossain shared his concerns about Pritom’s post, accusing him of satire against Islamic practices. On 31 August 2022, the ‘Devout Muslim Crowd of Sreemangal’ staged a protest, demanding Pritom Das’s arrest. Subsequently, on 4 September 2022, Mahbub Alam Bhuiyan, a local Student League activist, filed a case against Pritom Das under the Digital Security Act at Sreemangal Police Station in response to the perceived provocative remarks about Islam.

Remand

Following a prayer made by Rakibul Hasan, the Investigating Officer of the case, the Magistrate allowed a jail-gate interrogation on the case on 18 September 2022. In light of this order, on 21 September 2022, Investigating Officer Rakibul Hasan conducted a 10-minute interrogation with Pritom Das at the jail gate, addressing the allegations outlined in the case.

Bail

The bail applications for Pritom were rejected six times before the judicial court below and on the seventh attempt, the High Court granted his bail on 19 January 2023. After 131 long days in prison, he was released on bail at 6 pm on the same day.

Charge sheet

The investigating officer of the case, Rakibul Hasan, submitted a charge sheet against Pritom Das on 25 January 2023. In the charge sheet, it was alleged that Pritom Das has consistently posted anti-government and anti-Islam posts from his Facebook ID Pritom D Pritom. He wrote a post on 6 June 2022 from his used Facebook account “After the agreement, it is known that the hospital has no license! After the death of the patient, it is known that the doctor is fake! After the fire, it is known that the design of the building was flawed! After the accident, it is known that the car or the launch is unfit! After the explosion, it was known that there were chemicals in the warehouse that were not approved! So why do you pay these government departments and their ministers and secretaries with money? Why keep the system in which they cannot be judged? How many victims will be killed like this?” On 8 July 2022 he made another post saying “Saadat Hasan Manto, one of the best storytellers of Urdu language, was once asked; What is the news of your country? Manto replied that the scene of Jumma prayer in prison is just like the situation in the country. A Mischievous person calls for the prayer, a murderer leads as an imam and a group of thieves prays behind.” In another post on 6 August 2022, he wrote, “People are really disgusted and are death rattling over time. To get rid of this, it is necessary to dismiss this government overnight. State reform is needed.” The charge sheet alleged that Pritom posted and shared various antigovernment and anti-Islamic offensive and religious sectarian incitement posts through the ID he used. Due to his posts, communal harmony and religious tensions have been created along with adverse reactions in the area. According to sections 25(2), 28(2)/29(2), and 31(2) of the Digital Security Act, he has committed an offense by posting with the intention of tarnishing the image or reputation of the State or spreading confusion in the public mind and with the aim of destroying the communal harmony of the country.

Chronology of Legal Proceeding

1st Hearing : 3 November 2022. Bail Hearing. The bail was denied.2nd Hearing : 19 January 2023. Bail Hearing. The bail was granted.3rd Hearing : 30 April 2023. Case Transfer Hearing. The appeal was granted.4th Hearing : 4 June 2023. Charge sheet Hearing. 5th Hearing : 19 June 2023. Charge sheet Hearing.6th Hearing : 20 August 2023. Charge sheet Hearing.7th Hearing : 12 September 2023. Charge sheet Hearing.8th Hearing : 6 November 2023. Charge Framed Hearing.

Accused’s Statement

On 27 August 2022, the State Reform Movement organized a rally in Choumohana, Sreemangal to express solidarity with the demand to increase the wages of tea workers to 300 taka. At the beginning of the rally, Awami League and Student League workers attacked the leaders and workers of the movement. Many leaders and workers of the organization including Riaz Khan, Jabed Bhuiyan, and Pritom Das were seriously injured. Later, two separate press conferences were held at Sreemangal Upazila Press Club and Sreemangal Press Club on 29 and 31 August to protest the attack. Pritom said during the interview “After the press conference, the BCL activists got angry with me and made my old Facebook post viral. And the former general secretary of the Municipal Student League posted on Facebook demanding my trial.” His post was a quote by famous Urdu writer Saadat Hasan Manto. There he compared the prison conditions with the conditions in Pakistan back then. He added, “I thought it was political but they called it blasphemy and took out a procession against me on 1 September 2022. They were inciting the Muslim community so that the police would arrest me.” Then on 4 September 2022, local Student League activist Mahbub Alam Bhuiyan filed a case against him under Section 25(2)/28(2)/29(1)/31(2) of the Digital Security Act. Sreemangal Police arrested him from the Sreemangal Municipal area on 9 September 2022 at 7 pm in the evening. While sharing the experience, Pritom said “Since the arrest, I, my family, and friends have all been subjected to mental torture. After spending 131 long days in jail, I have many physical problems. I lost two teeth due to a lack of nutrition.” He was associated with a business. He mentioned that due to being in prison, he has suffered a huge loss in business. In total, financial detriment of about 15 lakhs was incurred. Above all, he thinks, he has been sued under the Digital Security Act for allegedly hurting anti-government and religious sentiments which is false and fabricated, and his Facebook posts were intentionally made viral only because he expressed solidarity with the fair movement of tea workers.

Current Status of the Accused

Pritom Das is currently out on bail. The case is under trial in Sylhet Cyber Tribunal.