A writ petition has been filed with the High Court, seeking probe into at least 20 leaked telephonic conversations of high-profile persons that were leaked between 2013 and 2021.
The writ petition also sought the court’s directive on the authorities concerned to take necessary steps to prevent the incidents of eavesdropping and recording of private telephonic conversations and to ensure right to privacy.
Ten lawyers of the Supreme Court on Tuesday filed a writ petition with the High Court. Advocate Mohammad Shishir Manir submitted the writ petition on behalf of the lawyers.
Secretary of Posts and Telecommunications Division, Secretary of Information and Communications Division, Secretary of Telecommunications and Information Technology and chairman of Bangladesh Telecommunication and Regulatory Commission (BTRC) were made respondents to the writ petition.
The High Court bench of Justice M Enayetur Rahim and Justice Mustafizur Rahman will hear the petition according to the court’s schedule.
Advocate Shishir Manir said that earlier they sent a legal notice to the authorities concerned seeking a reply on what steps were taken to prevent eavesdropping. They filed the writ petition as they did not get any response within the time from the respondents.
The lawyer also said that privacy of personal communications has been guaranteed under the Article 43 of the country’s Constitution and it is a fundamental right of the citizens. As per the constitution, the authorities must be responsible to ensure the right to privacy of the people.
Mentioning the Bangladesh Telecommunications Regulatory Act, 2001, Advocate Shishir Manir said that the law also ensures the privacy of phone conversations. However, not a single case has been filed by the victims or the telecom regulators in this regard to date, he added.
The 10 lawyers who submitted the writ petition are Mustafizur Rahman, GM Muzahidur Rahman, Imrul Kayes, Eakramul Kabir, Rezowana Ferdose, Uttam Kumar Banik, Shah Nabila Kashphi, Farhad Ahmed Siddique, Mohammad Noab Ali and Mohammed Ibrahim Khalil.
The eavesdropping incidents which were cited in the writ petition include telephonic conversations between Prime Minister Sheikh Hasina and the-then opposition leader Khaleda Zia, between General Secretary of the Awami League Obaidul Quader and BNP Secretary General Mirza Fakhrul Islam Alamgir, between late senior lawyer Barrister Moudud Ahmed and Assistant Commissioner of Rajshahi Metropolitan Police Nazmul Hasan, between principal of Viqarunniasa Noon School & College and a parent, and the telephonic conversations of Maulana Mamunul Haque and Shahin Chakladar MP.
The lawyers in the writ petition said that the BTRC is delegated with the responsibility of ensuring privacy of telecommunication and upholding the sanctity of Article 43 of the Constitution.
However, the newspaper reports demonstrate the continued failure of the BTRC in carrying out its constitutional duties. Such regular incidents of eavesdropping and recording of private telephone conversation show that BTRC is failing to take any necessary actions in order to prevent such incidents.
Section 71 of the Bangladesh Telecommunications Regulatory Act states that eavesdropping is a crime. The law stipulates a maximum two years imprisonment and a fine of maximum Tk 5 crore if the crime of eavesdropping is proved.
Section 97 (A) of the Act stipulates that the law shall not apply to any official of the intelligence agency, national security agency, investigative agency or any agency in charge of law and order.
However, Article 43 of the Constitution allows every citizen the right to privacy of their correspondence and other means of communication, subject to reasonable restrictions imposed by law in the interests of the security of the State, public order, public morality or public health.
