The Perpetual Misery: The Plight of the Accused Under the Digital Security Act 2018 in Bangladesh
During a parliamentary session on 5 June 2023, Law Minister, Anisul Huq, informed the assembly
that between 8 October 2018, the day of its adoption, and 31 January 2023, over 7,001 cases have
been filed under the Digital Security Act (DSA) (The Daily Star 2023). This was the first
acknowledgment from the government of the total number of cases filed under the law which has
been an issue of intense debate at home and abroad. The statement, however, fell short of
providing details of the extensive use of the law. The minister did not reveal as to how many
people have been accused and arrested, how many of the cases have undergone the trial
process, how many people have been convicted, how many are languishing in jail as pre-trial
detainees and how many have been convicted. The law, when introduced in 2018, was claimed to
have been enacted to provide security to the citizens in the digital arena. But over the past years,
various academic studies, reports of international and national human rights organizations, and
organizations which track freedom of media have documented that the law has been used
wantonly by the government and supporters of the ruling party to silence the critics. These
studies and reports have shown that the law has been used as a tool to suppress freedom of
expression, stifle voices of dissent, and serve the interests of the government and the ruling party
activists in Bangladesh. It is well recorded that the law's vague provisions infringe upon
fundamental rights enshrined in the country's Constitution and international agreements. It is
against this backdrop, human rights activists, editors, and politicians have been demanding the
repeal of the law.
Recent developments can be traced back to the amendment of the Information and
Communication Technology (ICT) law in 2013 and the introduction of the Digital Security Act (DSA)
law in 2018. The DSA has caused distress and anguish to the general populace and has been
subjected to intense criticism by various human rights organizations and press freedom groups
since it was drafted in early 2018.
The minister’s statement came almost three months after UN High Commissioner for Human
Rights, Volker Türk urged the Bangladesh government to immediately suspend the enforcement
of the law (OHCHR 2023). Türk’s comment was a follow-up to the Office of the United Nations High
Commissioner for Human Rights (OHCHR)’s Technical Note to the Government of Bangladesh on
review of the Digital Security Act (OHCHR 2022). The note, shared with the Bangladesh
Government in June 2022, was prepared after years of consultations between the OHCHR and the
Bangladesh government (Ahmed 2023).
On 7 August 2023, the government announced that the Digital Security Act would be
repealed and will be replaced with a new law called the Cyber Security Act (CSA) (Mahmud, 2023).
This decision was met with considerable apprehension and anxiety among the general public.
The government also announced that although the DSA will be replaced with the CSA, cases filed
under the DSA will be continued. Law Minister told, ‘there is no scope for quashing the cases filed
under the Digital Security Act and there is no question of giving compensation in this regard’ (The
Business Standard 2023). This statement clearly showed that the government is oblivious to the
anguish and distress caused by the law to a large number of people. The primary concern with the .

MAMUNUR RASHID NOMANI
Case Summary
Mamunur Rashid Nomani, aneditor of a online news portal based in
Barisal became anaccused under
the Digital Security Act 2018 on13
September 2020. He was beaten
brutally before he wash and edover
to the police.Nomani was alleged
to have secretly collecting
photograph son mobile phones
without permission.Hespent 16 days
in jail and there after got interim bail.
Hiscaseisstillongoingandhehasto
attend the court ona regular basis.
The ChargeSheet of this casewas
submitted in July2022 whichwas
after2(two)years of filingthe 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.
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.