Prothom Alo editor sued under DSA, correspondent sent to jail

Prothom Alo Editor Matiur Rahman, correspondent Samsuzzaman Shams, an unnamed assistant cameraman and a few unidentified others were sued in a case lodged under the Digital Security Act (DSA).

Supreme Court Lawyer Abdul Malek alias Mashiur Malek filed the case with Ramna Police Station around 11:10pm on Wednesday.

Meanwhile, a Dhaka court on Thursday afternoon sent the national daily's Savar Staff Reporter Shamsuzzaman Shams to jail in this case, denying his bail petition.

Shamsuzzaman was picked up from his Savar residence by members of the Criminal Investigation Department (CID) in the early hours of Wednesday, following the filing of a DSA case against him with the Tejgaon police station. 

Confirming the matter, Shamsuzzaman's lawyer Prashanta Karmaker told The Business Standard that Dhaka Additional Chief Metropolitan Magistrate Md Tofazzal Hossain passed the order after rejecting Shamsuzzaman's bail in the case.

The lawyer said Shamsuzzaman was also shown arrested in the DSA case filed with Ramna Police Station and was taken to court around 10:30am on Thursday around 30 hours after his detention.

The CID did not show him arrested in the DSA case filed with the Tejgaon Police Station.

According to Shamsuzzaman's family, the reporter was detained from his Savar home by plainclothes men, identifying as police, around 4am and released at around 12:30am on Wednesday in the capital's Agargaon area. But within 10 minutes of release, he was again picked up by the police and taken to the Ramna Police Station.

After a meeting with Law Minister Anisul Huq on Thursday noon, Home Minister Asaduzzaman Khan also told the media that the CID freed Shamasuzzman after interrogation over a report published on its website on 26 March, but he was arrested again.

"He [Shamsuzzaman] was arrested again after another case had been filed against him," the minister said, adding that the filing of more cases against him is underway.

Replying to a question, the home minister said journalists who prepare reports based on true information need not be afraid of the DSA.

The case against Shamsuzzaman and Prothom Alo editor was filed under sections 25(2), 31 and 35 of the DSA.

Section 25 of the DSA criminalises publishing or propagating "any information with the intention of tarnishing the image of the nation", as well as knowingly publishing false or distorted information, while section 31 refers to publishing or propagating in digital format any file that creates "hostility, hatred or adversity among people or destroys communal harmony or creates unrest or disorder or deteriorates or threatens to deteriorate law and order" in the country. Section 35 covers aiding or abetting any of the offenses listed under the act.

The plaintiff, Abdul Malek, accused Prothom Alo editor and others of using print, online, and electronic media to tarnish the image and the reputation of the state.

Reportedly, Ramna Police Station Inspector Abu Ansar has been assigned to investigate the case. In today's hearing, Abu Ansar told the court that they arrested Shamsuzzaman after tireless effort and a series of drives across the capital and with the help of digital surveillance. 

The investigation officer also sought Shamsuzzaman's detention until the investigation is over, saying his release may interfere with the investigation procedure of the case.

According to the case statements — which cited a video report conducted by Ekattor TV Journalist Farzana Rupa, reporter Shamsuzzaman paid a seven-year-old Tk10 to take his picture and later used it for his report with a quote, which was not given by the child.

The plaintiff, in his statement, said the report published under the instruction of Prothom Alo Editor Matiur Rahman has belittled the independence of the country.

According to the plaintiff, the accused people have committed a hideous offence under the country's Digital Security Act.

"The Prothom Alo report has hurt the public sentiment and triggered a deterioration of the law-and-order situation in the country by stirring instability," the case statement reads. 

"By publishing and promoting the false, delusional and defamatory information, they [accused] colluded to tarnish the reputation of the country," it added.

The first case against Shamsuzzaman was filed by Syed Golam Kibria, the general secretary of Ward 11 of the Dhaka North city unit Jubo League, with the Tejgaon Police Station around 2:15 am on Wednesday.

That case also brought similar allegations against Shamsuzzaman, saying the reporter paid a child Tk10 and fabricated his quote in his report, which was influenced by vested interests to tarnish the image of the government and the country globally.