Shanto Banik

Case Summary

The case revolves around a news report published on 28 April 2020, allegedly by a journalist Shanto Banik (35) on the online portal of Daily Grameen Darpan. The report, covering the alleged torture and killing of a CNG auto rickshaw driver in police custody, included a statement from Police Officer Md. Zahirul Alam, who later accused the journalists of publishing misinformation without police confirmation. On 30 April 2020, a group of individuals in COVID-19 gear arrived at Shanto Banik’s home, claiming them as police officers. Shanto initially was reluctant and afterward upon knowing their identity fully cooperated with the police. The police seized his belongings and arrested him, leading to his Jail Custody for 47 days.

The case was filed under the Digital Security Act by one Zahirul Alam, alleging the dissemination of false news by Shanto Banik. Despite multiple bail applications and subsequent acquittal on 2 March 2022, Shanto faced significant challenges, incurring financial costs and medical expenses for himself and for his father. The family struggled during Shanto’s incarceration, emphasizing the personal toll of the legal ordeal. The court’s decision, acquitting Shanto based on presented evidence, marked the conclusion of the case at the Dhaka Cyber Tribunal.

Case Details

On 28 April 2020, a news report published on the online portal of ‘Daily Grameen Darpan’ about a CNG auto rickshaw driver being tortured and killed in police custody covered by a journalist, Sharif Iqbal Rasel being a staff reporter’ that included a statement of a police officer, Md. Zahirul Alam. Shanto Banik who also happened to be a staff reporter of that newspaper became accused for quoting the office officer. However, according to the police, they never gave any interview to any journalist in this matter.

On 30 April 2020, during the lockdown of the COVID-19 pandemic, thirty to thirty-five people in fully covered COVID-19 gear (PPE) came to Shanto’s village home at Rampur with 7 or 8 white micro buses at around 12:15 am. One of them introduced himself as the Officer in Charge of the Detective Branch of police and asked Shanto to come outside to talk. Shanto initially refused to open the gate. Then he called a police officer personally known and confirmed that there was indeed a legal matter to handle. So, he agreed and accompanied the police. Police took him to the other accused’s place in a police car handcuffed and blindfolded before reaching there.

It is alleged that, the senior officials of the district police were angry with Alam (the In-charge of Ghorashal police outpost) for allegedly being involved in making a fabricated and baseless report citing him. Therefore, to protect his honor, Alam filed a case under the Digital Security Act 2018 against three journalists including Shanto Banik who was one of the staff reporters and the news editor of the local newspaper ‘Daily Grameen Darpan.’

Background

A case was filed against three journalists under the Digital Security Act, at the Palash Police Station on 30 April 2020 night by Zahirul Alam, In-Charge of the Ghorashal outpost under the Palash Police Station. Alam filed the case accusing Shanto and two other journalists of publishing fake news referring to his name without talking to the police officer and spreading it on Facebook and committed offenses under Sections 25/35/31/29 of the Digital Security Act 2018.

Remand

No Remand.

Bail

The accused, Shanto Banik was in jail for a total of 47 days. He got bail got bail on the fifth attempt on 16 June 2020 from the District Judges Court and finally got out of jail on 17 June 2020 after the documents were sent to the jail from court. After getting bail he submitted an application to the Superintendent of Police, Narsingdi to remove his name from the charge sheet adding all the proofs of his innocence.

Charge sheet

On 9 September 2020, the police submitted the charge sheet. Afterwards, the case was transferred to the Dhaka Cyber Tribunal. Muhammad Humayun Kabir appointed as an Investigation Officer (IO), implicated three journalists in the above-mentioned charge sheet, accusing Shanto Banik as the primary accused. The investigation report submitted by IO alleges a collaborative effort among the accused journalists to disseminate misinformation, thereby tarnishing the reputation of a prominent police officer. The charge sheet stated that the journalists published the report with the intent to spread falsehood and misinformation. Specific mention is made of two reports, one published in the online edition of the ‘Daily Grameen Darpan’ newspaper from Narsingdi titled ‘Police beat youth to death for theft allegations in Ghorashal,’ and another set of reports on the online portal Narsingdi Pratidin titled ‘Death after being taken to Ghorashal outpost, Police beat youth to death on allegation.’ The informant of the case, Zahirul Alam identified the news through Facebook and claimed that his name was involved in the reports without any prior communication or verification with him by the reporters referred. The charge sheet submitted under Sections 25(2)/35(2)/31(2)/29(2) of DSA serves as the legal basis for the case, and the Charge sheet has been submitted to the court for further adjudication.

Chronology of Legal Proceeding

1st Hearing: 16 June 2020. Bail Hearing. The bail was granted.2nd Hearing: 2 March 2022. Hearing on Acquittal. Shanto Banik got acquittal.

Accused’s Statement

On 30 April 2020, during the COVID-19 pandemic, approximately thirty to thirty-five individuals fully covered with COVID-19 gear (PPE) arrived at the village home of Shanto Banik around 12:15 am, in Rampur. They came by seven or eight white microbuses. One of them identified himself as the Officer-in-Charge of the Detective Branch of Police and requested Shanto Banik to come outside for a discussion. Shanto Banik who was standing on the balcony, declined to open the gate without knowing their identity and reason. Having suspicion on their intentions, Shanto contacted an officer personally known to him. After confirming that they were from the police department, he decided to go outside and get dressed, and the group, growing impatient, requested him to bring his mobile phone. As soon as he stepped outside, they seized two mobile phones from him.

During the interview, Shanto said, “The police officers picked me and I was taken on a white microbus. Midway, the group came back to my house to seize my laptop, conducting a thorough search of my house while causing a disturbance to other family members.” The police officers did not even inform Shanto’s family about their destination. Around 1:30 a.m., after seizing the laptop, they returned to the car. Sharing the incident, Shanto mentioned “I was handcuffed and blindfolded. Along with other journalists, I was taken to the Palash Police Station, and the Officer-in-Charge conducted an interrogation, asking me to provide the password for my phone and laptop.”

Shanto was arrested on 30 April, midnight, and the case was filed against him after taking him to the Police Station. However, Shanto, taken to court around 9:30 am, experienced a mere 10-minute custody hearing. Despite the family appointing legal representation, entry to the court was denied due to lockdown, leading to all accused being directly sent to jail without a proper hearing.

Shanto Banik endured 47 days of confinement, securing bail on 16 June 2020 from the District Judge Court after five applications. The release, however, occurred on 17 June 2020, only after the court documents reached the jail. Post-bail, the defendants submitted an application to the Superintendent of Police, Narsingdi, seeking the removal of their names from the charge sheet. This application included evidence of innocence, such as an email screenshot showing Sharif Iqbal Rasel sending the news report to the Grameen Darpan editor. Despite the absence of evidence linking Shanto to the report on his devices, the police refrained from removing his name from the charge sheet. The charge sheet was submitted on 9 September 2020, and the case was transferred to the Dhaka Cyber Tribunal.

Following several hearings, on the day of framing of the charges, the court excluded Shanto’s name from the case and ordered acquittal based on all the proofs and documents submitted in his defense on 2 March 2022. Reflecting on this legal ordeal, Shanto expressed, “this legal ordeal incurred a cost of at least 6 lacs taka, coupled with substantial medical expenses for my father, who got ill by the news of my arrest and jail custody and by the fear of losing his social reputation.” The family faced significant challenges during Shanto’s incarceration, requiring his brother to navigate between the court and police station while their father was bedridden.

Current Status of the Accused

On 2 March 2022, after several hearings, Dhaka Cyber Tribunal Judge Mohammad As Shams Jaglul Hossain acquitted Shanto from this case based on all the proofs and documents he submitted in his defense.