'Hacking' of Jamaat chief's X account: Legal, procedural doubts cloud probe
Amid the controversy, Dhaka Additional Chief Metropolitan Magistrate Awlad Hossain Muhammad Junaid granted Sarwar-e-Alam bail on a bond of Tk5,000.
The alleged hacking of Jamaat-e-Islami ameer Dr Shafiqur Rahman's verified X account has sparked growing controversy, with questions emerging over the arrest process, the handling of digital evidence, and the overall conduct of the investigation.
In connection with the incident, Mohammad Sarwar-e-Alam, an assistant programmer at Bangabhaban, was arrested in a case filed at Hatirjheel Police Station under the Cyber Security Ordinance.
Police have seized Sarwar-e-Alam's mobile phone, computer hard drive, and other electronic equipment for forensic examination. However, no electronic device belonging to the complainant, Shafiqur Rahman, has been seized.
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According to police, Sarwar-e-Alam was detained by the Detective Branch from the Rajarbagh area late on Tuesday (3 February) and taken to the DB office for questioning. He was shown arrested the following night, on 4 February.
He was produced before a court yesterday (5 February), nearly 36 hours after his detention. Article 33 of the Constitution requires that an arrested person be produced before a court within 24 hours.
Legal observers have noted that the delay raises concerns of a violation of fundamental rights.
Amid the controversy, Dhaka Additional Chief Metropolitan Magistrate Awlad Hossain Muhammad Junaid granted Sarwar-e-Alam bail on a bond of Tk5,000.
Earlier, Hatirjheel Police Station Sub-Inspector Khandaker Saleh Abu Naim, the investigating officer, sought to keep the accused in jail custody. In the application, he stated that Sarwar-e-Alam had been kept in DB custody after discussions with higher authorities for investigation purposes.
The application claimed that preliminary interrogation found initial truth in the allegations and that the digital devices allegedly used to commit the offence were undergoing forensic examination.
Doubts have surfaced regarding the accused's alleged involvement, with investigation sources indicating differences of opinion even within the DB.
The absence of the complainant's devices from the seizure list was confirmed by Md Abdur Razzaq, lawyer for the complainant.
Speaking to The Business Standard, he said the accused's email and electronic devices would be sent for forensic examination, but no electronic device belonging to Shafiqur had been seized.
DB chief Additional Commissioner Shafiqul Islam also addressed the issue during a press briefing at the DMP Media Centre on Wednesday night. He said the seized devices would be sent for forensic testing to ensure a transparent investigation.
While claiming that sufficient preliminary evidence had been found, he said further details would be clearer once forensic examination was completed.
Asked whether the complainant's device would be seized, he said, "For the sake of investigation, everything necessary will be done. The case has only been filed today."
Cyber expert Tanvir Hasan Joha told TBS that in cybercrime cases, forensic examination generally begins with the complainant's device.
"Otherwise, how will it be proven that the complainant is telling the truth?" he said, adding that the situation appeared politically motivated and describing the arrest as a troubling precedent.
The controversy began after a post from Shafiqur's X account went viral on 31 January. The post addressed Jamaat's position on women's leadership and working women, triggering widespread criticism.
Jamaat later claimed the account had been hacked, filed a general diary at Hatirjheel Police Station the same night, and said the account was recovered shortly afterwards.
Investigation sources said the hacking may have been carried out from outside the country using a proxy server, though the source remains unconfirmed.
DB officials said Sarwar-e-Alam had earlier received a suspicious email using the name of a senior Bangabhaban official, which they suspect may have been a phishing attempt. However, no evidence linking his devices to the hacking has been found so far.
