State seeks further probe in ICT case against Odhikar’s Adilur

The government has requested a further investigation of the case filed against rights organisation Odhikar's Secretary Adilur Rahman Khan and Director ASM Nasiruddin Elan under the Information and Communication Technology (ICT) Act filed about a decade ago.

Although the date for examining the accused – asking the accused to explain any circumstances appearing in the evidence against them – in the case was fixed on Wednesday, the Public Prosecutor (PP) of Dhaka Cyber Tribunal, Nazrul Islam Shamim, applied for a re-investigation of the case.

In response, the defendant filed an application opposing further  investigation into the case and requested time for hearing the matter.

After hearing both sides, the tribunal judge, AM Zulfiqar Hayat, fixed 15 May for hearing the two applications. Adilur Rahman and Nasiruddin were present in the court on the occasion.

Advocate Mohammad Ahsanuzzaman, the defendants' lawyer, told The Business Standard that the investigation of the case was completed, and the charge sheet was filed against the two accused. The tribunal initiated the process of taking evidence on 5 October 2021. Out of 28 witnesses, 18 have already testified in the court.

According to the tribunal, the trial process of the case is almost over, and the judgement will be announced only after the defense of the accused has been accepted as per the law.

The government's petition for re-investigation of the case says, "The state party reviews the IT forensic report during the preparation of the examination of the accused in the case under section 342 of the Code of Criminal Procedure. And a review of the forensic report and the evidentiary value of other witnesses, the qualitative basis of various facts, the statements given by the witnesses, and the investigation report show that the case requires further investigation in the interests of justice.

"Both the state and the accused parties seek justice. Therefore, in the interest of justice, further investigation is imperative. Otherwise, the petitioning state party will be deprived of a fair trial and suffer irreparable damage."

According to a report published on Odhikar's website, 61 people were killed on the night of 5 May 2013 in a late-night raid by law and order forces to evacuate workers from the Hefazat-e-Islam a grand rally held at Shapla Chattar in the capital's Motijheel.

On 10 August 2013, the police made a general diary against Odhikar at Gulshan police station, alleging that the report was fabricated. On 4 September of that year, the police filed a charge sheet against Adilur Rahman Khan and Nasiruddin under section 57 (1) (2) of the Information and Communication Technology Act, on charges of falsehood and distortion of information. Section 57 of the ICT Act was dropped from the Digital Security Act 2018.

Adilur was arrested on the night of 10 August, the day the case was filed. He was released on bail after two months.

Charges were framed in the case on 8 January 2014. The proceedings were suspended on 22 January of that year by the order of the High Court. The trial of the case began on 12 September 2021.