Cases filed under DSA will continue, law minister tells parliament
The law minister said that 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.
Law Minister Anisul Huq on Thursday said there is no scope for cancelling the cases filed under the Digital Security Act (DSA).
The law minister came up with the statement while replying to a tabled question from Gonoforum MP Mukabbir Khan.
Repealing the much controversial DSA, the Cyber Security Bill was passed in Parliament on Wednesday.
The proposed law will come into effect following gazette notification and after the signature of the President. According to the Cyber Security Bill, the cases under DSA will continue.
Mukabbir Khan asked to know if the people who have faced various forms of harassment and jail sentences due to misuse of the repealed DSA, or those who are still in prison, will they get compensation?
At the same time, the Gonoforum MP wanted to know how these issues will be resolved.
In response, the law minister said that 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.
Explaining the issue, the law minister said the position of the law is that the crimes committed under the old law, the punishment will be given under the old law and the court will award the punishment to the criminal.
The law minister further said Article 35 of the Constitution says: "No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than, or different from, that which might have been inflicted under the law in force at the time of the commission of the offence."
The minister also said if the complaint filed under the Digital Security Act and other related proceedings or any proceedings instituted or any suit or appeal filed is pending at any stage, the said proceedings or appeal shall continue as if it had been instituted or filed under the Cyber Security Act.