The High Court has suspended the investigation against photojournalist Shahidul Alam

The High Court has halted the investigation against photojournalist Shahidul Alam in a case filed under the Information and Communications Technology (ICT) Act, issuing a rule on why the case should not be dismissed entirely.

The decision was made on Monday by the bench of Justice Md Iqbal Kabir and Justice Md Riaz Uddin Khan. Advocate Sara Hossain, representing Shahidul, along with Advocate Priya Ahsan Chowdhury, noted that the investigation has been paused, and a rule has been issued on whether the case should be annulled.

Shahidul had gone live on Facebook on August 3 and 4, 2018, to discuss student protests demanding road safety reforms following clashes in the Jigatola area. He also criticized the Awami League government in an interview with Al Jazeera. On August 5, 2018, Shahidul was detained from his home by police detectives and subsequently charged under the ICT Act for allegedly spreading “incendiary lies.” He spent over three months in prison before being released on bail on November 20, 2018.

Shahidul filed a writ with the High Court on March 3, 2019, challenging the legality of the case. Following a preliminary hearing on March 14, 2019, the bench of Justice Sheikh Hasan Arif and Justice Razik Al Jalil issued a rule on the case. The rule questioned why Section 57 of the ICT Act did not conflict with the Digital Security Act and with Articles 31 and 39 of the Constitution, potentially rendering it illegal. 

The High Court then suspended the case investigation, but the state appealed, and on August 19, 2019, the Supreme Court upheld the suspension and provided three months for the rule to be resolved.

Subsequently, on December 13, 2021, a High Court bench rejected the rule and lifted the suspension on the investigation, after which Shahidul sought to have the case quashed.