In a notable decision, the High Court division of Bangladesh’s Supreme Court has dismissed the case against renowned photojournalist and social activist Dr. Shahidul Alam. The case, filed under the since-repealed Section 57 of the Information and Communication Technology (ICT) Act, was quashed by a bench comprised of Justice Mustafa Zaman Islam and Justice Tamanna Rahman Khalidi. This ruling follows a 2024 judgment that requested the state to justify why the charges against Alam should not be dropped.
Section 57 of the ICT Act, which was once a controversial provision, targeted the publication of materials considered to be “fake or obscene,” or those likely to corrupt, harm public order, or damage the state’s image. Convictions under this section could lead to lengthy imprisonment, with potential sentences reaching up to 14 years. Dr. Alam faced charges stemming from comments he made during an Al-Jazeera interview and on Facebook, which were related to 2018 student protests. These comments allegedly provoked violence and portrayed the government unfavorably.
Alam’s arrest was met with widespread condemnation. Reports suggested that plainclothes officers detained him at his Dhaka residence, blindfolding him and confiscating CCTV footage before his arrest. He subsequently endured six days in remand and three months in jail. International organizations like Amnesty International labeled him a “Prisoner of Conscience,” prompting calls for his release and highlighting alleged torture during custody.
In October 2018, the Digital Security Act (DSA) superseded several laws, including the infamous Section 57. However, a caveat allowed ongoing cases to continue under the old provisions, which led Alam to challenge the progression of his case. Although the court issued an interim order in 2019, the legal proceedings lagged for years before ultimately being dismissed on technical grounds.
While the ICT Act was replaced by the DSA, which faced its own criticism for infringing upon freedom of expression and international human rights standards, the digital regulatory landscape in Bangladesh has evolved with the introduction of the Cyber Security Act. Rights groups, including Amnesty International, have expressed concerns about these regulatory transitions, arguing that current laws may still curtail fundamental freedoms.
The recent dismissal of Alam’s case is a moment of relief for human rights advocates who have persistently criticized cases filed under the now-defunct provision. For more details on the legal developments, consider this report. The case’s resolution echoes broader calls for the cessation of prosecutions linked to repealed laws.
Human rights organizations view this verdict as a “long overdue” corrective step, hoping it sets a precedent that benefits others ensnared by similarly outdated legislative measures. The evolution of digital legislation in Bangladesh continues to be scrutinized, as the balance between security and freedom remains a delicate matter for the nation.