One year of Khadija’s imprisonment before the trial begins in Bangladesh

Sanjoy Kumar Barua

Khadijatul Kubra, a brilliant student of Jagannath University, has been in jail for a year before the trial starts in two cases filed by the police under the draconian Digital Security Act in Bangladesh.

Khadija was 17 years old according to all documents when the case was filed but the prosecution presented her as an adult in the case.

The Digital Security Act was passed in September 2018 and came into effect on October 8 that year. Three days later, on October 11, the first case was filed under this law. Since then the case is ongoing.

In most cases, the plaintiff in the case is the police or the leaders of the ruling party. And the defendants are journalists, human rights activists, opposition party leaders and activists. There are also precedents of filing multiple cases under this Act against the same person in the same incident.

According to Center for Governance (CGS) data last January, 1,119 people were arrested under DSA cases. Allegation of ‘insulting’ the Prime Minister 140 cases have been filed, 210 people have been charged and 115 have been detained. 51 out of 130 accused in 64 cases of insulting ministers have been detained while 470 accused in 168 cases of defaming the politicians, 120 arrested.

When the case was filed against Khadija, she was 17 years old. Any child under the age of 18 is a minor. In this case, if the matter is investigated seriously, if it is found that she is a child in the eyes of the law, then her trial should be in the children’s court. And even if there is a case in DSA, why should Khadija spend a year in jail? Criticism of an individual or government is not a crime.

The lower court twice rejected Khadija’s bail plea. She then sought bail in the High Court and got it. But the state has appealed against that bail. The High Court granted her bail on February 16. But in the application of the state, the bail order was suspended by the chamber judge.

The last hearing on Khadija’s bail in the Appellate Division was on July 10. The Appellate Division adjourned the hearing on Khadija’s bail for another four months. As a result, she has to remain in prison for these four months.

Khadija is a second year student of Political Science Department of Jagannath University. She hosted an online webinar in 2020. In October of that year, the police filed two separate cases under the Digital Security Act against Khadija and retired Major Delwar Hossain for spreading anti-government statements and tarnishing the country’s image. One case is in Kalabagan police station and the other in Newmarket police station.

In both cases, the Dhaka Metropolitan Police submitted the charge sheet to the court in May last year. Taking this charge sheet into consideration, the Cyber ​​Tribunal of Dhaka issued arrest warrants against the two accused. On August 27 last year, Khadija was arrested from her Mirpur residence by the Newmarket police. She has been in prison ever since while Delwar is absconding abroad.

Khadija was not found guilty. So why will she was kept in jail? Let the fault be proved first. And let her give the opportunity to study. No one has the right to destroy her studies. People of Bangladesh should have freedom of speech and of course, she does have the right to get bail.

According to the statement of the case, the plaintiff saw a video titled ‘Humanity for Bangladesh was live’ on YouTube channel of Major Delwar Hossain on October 11, 2020. Presented by Moderator Khadijatul Kubra, Major Delwar Hossain (Retd.) in his speech gave various instructions to overthrow the legitimate democratic government of Bangladesh.

Besides, it is also mentioned that moderators Khadijatul Kubra and Major Delwar are trying to confuse the ongoing stable situation in Bangladesh by uploading the mentioned videos on their YouTube channels and personal Facebook pages. They are trying to incite the common people of Bangladesh against the current democratic government and involve them in anti-government activities by spreading their false informative talks on YouTube, Facebook.

In addition, they are trying to create an unstable environment in the country by creating anti-government sentiment by spreading provocative statements and are greatly damaging the image of Bangladesh in the outside world mentioned in the case statement.

People of Bangladesh are being harassed in various ways through Digital Security Act. Khadija’s case is one of the brutal examples. When such a law is in force in a state, there are many questions about that law in the minds of common people. Such application of law violates all rights of the common people.

Khadija’s family has to go from door to door in the Supreme Court, but still does not get a solution. From all this, it is clear that people’s rights to get the protection of law are gradually shrinking in Bangladesh.

This is the weakness of the Digital Security Act. Anyone can be kept in jail for a long time under the non-bailable clause before the end of the trial. It is antithetical to the rule of law.

Khadija’s one-year imprisonment before her trial began undermined her fundamental rights. Many people of the country have been arrested, imprisoned and tortured under this DSA. Some have even died. It is gross violation of human rights including freedom of speech, and civil rights.

Withdraw the case against Khadija and immediately release her unconditionally. Release all those charged and detained under the draconian Digital Security Act simply for exercising their right to freedom of expression.

The writer is the Editor and Publisher of thechtnews.com