UNB, Dhaka :
The High Court on Tuesday issued a rule asking the government to explain why the section 57 of the Information and Communication Technology (ICT) Act should not be declared contrary to the constitution.
An HC bench comprising Justice Moinul Islam Chowdhury and Justice Ashraful Kamal issued the rule following a writ
petition filed by 11 teachers and writers. The Law, ICT and Home Affairs secretaries have been made respondents to the rule which is returnable in two weeks. Barrister Jyotirmoy Barua stood for the petitioners while Deputy Attorney General Motahar Hossain Raju represented the state.
Barrister Jyotirmoy Barua said through the latest amendment to the ICT Act in 2013, the punishment under section 57 has been increased to 14 years’ imprisonment from 10 years and the crimes committed under the section have been made non-bailable.
The section 57 stipulates: “If any person deliberately publishes or transmits or causes to be published or transmitted in the website or in electronic form any material which is fake and obscene or its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, or causes to deteriorate or creates possibility to deteriorate law and order, prejudice the image of the State or person or causes to hurt or may hurt religious belief or instigate against any person or organization, then this activity of his will be regarded as an offense”.
The provisions contradict with articles 27, 31, 32 and 39 of the constitution, the lawyer said.
Meanwhile, Deputy Attorney General Motahar Hossain Raju said the annulment of section 57 of the ICT ACT will invite more social offences.
The 11 teachers and writers filed the writ petition with the High Court on Sunday challenging the legality of section 57 of the Information Communication Technology (Amendment) Act 2013.
The High Court on Tuesday issued a rule asking the government to explain why the section 57 of the Information and Communication Technology (ICT) Act should not be declared contrary to the constitution.
An HC bench comprising Justice Moinul Islam Chowdhury and Justice Ashraful Kamal issued the rule following a writ
petition filed by 11 teachers and writers. The Law, ICT and Home Affairs secretaries have been made respondents to the rule which is returnable in two weeks. Barrister Jyotirmoy Barua stood for the petitioners while Deputy Attorney General Motahar Hossain Raju represented the state.
Barrister Jyotirmoy Barua said through the latest amendment to the ICT Act in 2013, the punishment under section 57 has been increased to 14 years’ imprisonment from 10 years and the crimes committed under the section have been made non-bailable.
The section 57 stipulates: “If any person deliberately publishes or transmits or causes to be published or transmitted in the website or in electronic form any material which is fake and obscene or its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, or causes to deteriorate or creates possibility to deteriorate law and order, prejudice the image of the State or person or causes to hurt or may hurt religious belief or instigate against any person or organization, then this activity of his will be regarded as an offense”.
The provisions contradict with articles 27, 31, 32 and 39 of the constitution, the lawyer said.
Meanwhile, Deputy Attorney General Motahar Hossain Raju said the annulment of section 57 of the ICT ACT will invite more social offences.
The 11 teachers and writers filed the writ petition with the High Court on Sunday challenging the legality of section 57 of the Information Communication Technology (Amendment) Act 2013.
