The Supreme Court yesterday fixed July 24 for hearing the leave to appeal petition filed by internationally acclaimed photographer Shahidul Alam against a High Court verdict on him in a case filed under a controversial section.
In its verdict, the HC on December 14 last year rejected a petition in which Shahidul challenged legality of the case filed against him under Section 57 of Information and Communication Technology Act, 2006. In the case, he was imprisoned for 107 days.
The section 57 has been abolished after formulation of the Digital Security Act in October, 2018.
Yesterday, Chamber Judge of the Appellate Division Justice M Enayetur Rahim, however, refused to stay the trial proceedings, saying that the full bench of this court will hear the petition and take a decision.
The chamber judge set the date after Shahidul’s lawyer Sara Hossain prayed for fixing a date for hearing the petition and staying the trial proceedings.
Appearing for the state, Attorney General AM Amin Uddin opposed it.
Lawyers Md Ramzan Ali Sikder, M Asaduzzaman and Abdullah Al Noman were present for Shahidul Alam.
Sara Hossain told The Daily Star if the lower court concerned runs the trial proceedings, Shahidul will be prejudiced as his petition is pending with the apex court.
The trial court is scheduled to hear the case on May 11, she said.
Citing the grounds on which the SC may allow the petition, the lawyer said the case cannot run as its investigation had not been completed before the repeal of Section 57 of the ICT Act.
Section 61 of the Digital Security Act does not allow proceedings of the case against Shahidul, she said.
Sara Hossain said Shahidul’s petition, rejected by the HC, is acceptable as his constitutional and fundamental rights are involved in it and there are procedural errors in the case.
On August 5, 2018, Shahidul, now 67, founder of Drik Gallery and Pathshala South Asian Media Institute, was picked up from his Dhanmondi residence during a widespread demonstration for safe road.
Police filed the case and he was later remanded for seven days.
In court, Shahidul said he was tortured in custody. Police denied the allegation.
After his remand, Shahidul was denied bail and sent to jail by a Dhaka court on August 13. On November 15, 2018, the HC granted him bail.
