Ctg journo faces Digital Security Act case again for ‘defaming’ UP chairman

When Chattogram Chhanua Union Parishad (UP) Chairman M Harunur Rashid filed a case under the Digital Security Act against journalist Belal Uddin in 2019 for allegedly spreading false propaganda against him, the investigating agency found no evidence of his involvement in it and the Cyber Tribunal dismissed the case.

However, Harunur Rashid's younger brother Md Alamgir Kabir filed another case with the same charges against Belal, Banshkhali correspondent of the Ekushey Patrika, who came to know about it recently when the investigating agency contacted him.

On 4 December 2019, Harunur Rashid lodged the first case with the Dhaka Cyber Tribunal, in which Alamgir Kabir was the prime witness.

Harunur Rashid alleged that the accused were spreading false propaganda against him from a fake Facebook account, which tarnished his reputation. The court accepted the case and directed the Criminal Investigation Department (CID) to investigate it.

The investigation report filed by CID Chattogram unit Inspector Adil Mahmood on 18 March 2022 stated that the first two accused in the case – Abul Kashem and Md Ilias – are fishermen and illiterate. The third defendant, Belal Uddin, is a journalist who had a dispute with Chhanua Union Parishad Chairman Md Harunur Rashid due to publication of a report in a newspaper.

According to the CID report, a review of the evidence and the IT examination found no involvement of the defendants in the plaintiff's complaint. Therefore, the investigating officer appealed to the court to acquit the defendants. Later, the court dismissed the case on 31 January 2023.

Harunur Rashid's younger brother Alamgir filed the second case with the Chattogram Divisional Cyber Tribunal under the Digital Security Act on 3 July 2022 with the same allegations against Belal and six others.

The court accepted the case and directed the Police Bureau of Investigation to investigate.

Belal Uddin told TBS, "I did not know that the chairman's brother has filed another case against me. I came to know about it when the Police Bureau of Investigation called me on 10 August to enquire if I have received the notice regarding the case."

According to Article 35(2) of the Constitution of Bangladesh, no person can be charged and punished more than once for an offence. This is also mentioned in Section 403 of the Code of Criminal Procedure, 1898.

According to Section 403, if a competent court has tried or acquitted a person in a case, he cannot be tried again for the same offence while the order is in force.

Asked about the matter, Alamgir Kabir told TBS, "We are waiting for the court's decision regarding the case."

Regarding the matter, Akhtar Kabir Chowdhury, general secretary of Shushashoner Jonno Nagorik (SHUJAN) in Chattogram, said, "The Digital Security Act is being misused. Once a case is settled, the plaintiff can appeal against the verdict, but cannot file a new case with the same charges.

"The union parishad chairman first filed a case in the Cyber Tribunal claiming that he was a victim. After that, the CID investigated and found no truth in the allegations against the accused. The chairman's brother's case with the same complaint is to harass people."