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After the verdict in a case, Justice. Shawkat Hossain, Justice. The opinion came from a larger bank of the High Court composed of Ruhul Quddus and Judge ASM Abdul Mobin.
The court said: “We always see that personal communication from citizens, including audio and video, is broadcast or published through social media.
“We must remember that article 44 of the Constitution guarantees the protection of the privacy of all citizen communications, including letters. Anyone who is interested or wants to be part of it cannot easily violate it.”
My phone is being listened to 24 hours: Fakhrul
The largest bank of the High Court had rendered a brief verdict on August 26 last year in the case of the kidnapping and murder of a child on Netrokona beach ten years ago.
The higher court acquitted Oli, who was sentenced to death in the lower court.
The full verdict was posted on the Supreme Court website last Sunday.
Reminding the BTRC and the country’s mobile phone companies of their responsibilities, the court said that the biggest responsibility of the Bangladesh Telecommunications Regulatory Commission and telephone companies is to protect the confidentiality of communications and protect the constitution.
“They cannot provide any information about the communication of any of their clients or citizens unless the law allows it.”
Sometimes the investigating authority may collect someone’s call logs in case the case is investigated, but in that case too the court remembered the rules.
The verdict said: “The investigating officer of the case must make a formal request to the interested authorities indicating the reason for any contact information or list of calls, not for search or hunting.”
“Otherwise, the information or documents provided will lose the importance of the test and the provider and the authority will be responsible for the violation of the fundamental rights of the person.”
The higher court in the beach murder case has rejected the defendant Oli’s list of mobile calls as evidence against him. Because this call list did not have the signature of the recognized authority of the private mobile phone company.
Emphasizing the importance of amending the existing Evidence Law, the ruling said that a person’s call list or conversation has no value unless digital documents are recognized as evidence without amending the Evidence Law.
The government is expected to take steps to amend the Evidence Law or enact a new law in this regard.
Citing the example of neighboring India, the judgment stated that, considering “electronic records” as evidence, India had included some special provisions in its evidence law and changed the definition of evidence law.
The court said that despite the unimaginable advancement and development of information and communication technology and its use in various crimes, Bangladesh’s evidence law has yet to be amended or updated. The time has come to amend the Evidence Law. The evidence law must be modified or updated.
Videos or still images, recorded records and discs were taken as evidence in the murder case on the beach. But the High Court could not accept them under the Evidence Act, as it could not properly prove them.
In this case, the anti-terrorism law enacted in 2009 has been mentioned as an exception in the verdict.
The exception to this law is that if a terrorist or person engages in a discussion, criminal conversation or uses a photo or video in a criminal organization on an Internet site, including Facebook, Skype or Twitter, he presents himself to the police or the police for investigation. It treats like.
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