Telephone Taping : A sword hanging over Human rights Ajoy Roy

Telephone Taping : A sword hanging over Human rights

Ajoy Roy

Published on May 03, 2009

Picture Courtesy : Prothom-alo

Not satisfied with clumsy handling of Islamic fundamentalism in its worst form appearing in Bangladesh the Khaleda-Nizami four party alliance government has the luxury of opening yet another front- ï¿½The Promulgation of Presidential Orderï¿½ to choke the throat of the people whom government donï¿½t likeï¿½ in the name of national security, upholding the ï¿½Bhabmurtiï¿½ (image) of Bangladesh. About two years back, the government asked the ministry of Post, Telephone, Telegraph & mass communication to amend the present Act so that the amended act could be used to tap any oneï¿½s telephone at will. The government also tried to censure individual e-mails. All these acts of government indicate its attitude of intolerance, to individualï¿½s freedom and human right values. I wrote several articles in MM as well as other website including ï¿½Drishtipatï¿½ condemning the government attitude of controlling everything a few years back.

It seemed government did not give up its fascist attitude to its people whom it governs. Government kept everything in secret. Sensing that government out of desperation and being bewildered what to do, it might in the name of public security and national security promulgate Presidential Order to tap public and private telephones, a group of human right activist and intellectuals including myself issued a press statement urging the government to stop it on December 10, 2005. Apparently the order is promulgated to curb the recent violent and militant bomb explosions let loose by the Jamati led Islamic fundamentalists. And our puppet President Prof. Iyajuddin Ahmed seems to have not a bit of conscience, and does whatever his master Lady Khaleda says him to do. Shame he was a professor too of DU ! We, in our statement, pointed out that such PO enabling to tap individualï¿½s telephone is gross violation of human rights, and fundamental rights guaranteed in our constitution. We further said that this would be used against opposition party activists, human right activist, free thinkers and liberal democrats. The prominent signatories were- Prof. Khan Surwar Murshid, Prof. Zillur Rahman Siddiqui, Dr. Anisuzzaman, Prof. Ajoy Roy, Prof. Mujaffar Ahmed, Dr. Anowar Husain, Dr. Hamida Husain, Prof. Hayat Mahmud .. .. . (see Prothom Alo, December 11, 2005).

But little respect does the President or PM have for righteous voices of respected intellectuals. On Sunday, December 11, 2005 at night, the President at the order of PM Khaleda Rahman promulgated the PO, which would empower the home minister and its office and allow, at the instance of home ministry, the law enforcing agencies, various sections of intelligence officials to tap telephonic conversations of any individual(s). This is a shear encroachment on the part of the government to enter oneï¿½s bedroom. Present Bangladesh Telecommunication Act 2001 not only prohibits it, but if taping is done by any agency it constitutes an offence under this act. It is like a sword, which might fall any time on anyone if government so desires, as our intelligence or law enforcing agencies carry out the desire of PM. Although the amended Act in the form of PO is intended to be applied to individuals after obtaining previous permission of the chief executive of the interior ministry, meaning the half minister Mr. Babar. The one of the outward reason for making such a move to ask the President so hurriedly is that government feels that because of large scale telephone network spreading throughout Bangladesh, more particularly mobile telephone system which is being used by the terrorists for their ill plan to execute. This argument is a shear nuisance. The promulgated PO immediately takes effect and foolish government thinks it will help combat criminal activities particularly associated with explosive devices used by the Jamat supported Islamic militants.

The promulgation is made on the day when the government and human rights organizations are observing ï¿½Human Rights Dayï¿½. And we are only a few days ahead of our Victory day, December 16. Indeed what a befitting gift for us from Begum Khaledaï¿½s government.

The taped conversation may be produced as evidence in the court. At present phone taping is an offence under the existing Bangladesh Telecommunication Act 2001; the section 71 (b) of the act clearly says that violation of the act constitutes a punishable offence prescribing imprisonment of maximum six months and or a fine not exceeding Tk 50,000 for the offender, whoever he is including member of the intelligence departments.

The amended act is also a violation of the section 43 of our constitution, which guarantees individual privacy. The section says: ï¿½Every citizen have the right, subject to any reasonable restrictions imposed by law in the interest of the security of the State, public order, public morality or public health ï¿½

(a) to be secured in his home against entry, search and seizure; and

(b) to the privacy of his correspondence and other means of communication.

Mrs. Khaleda Rahman, our all powerful Prime Minister, in collusion with his Jamat Colleague Moulavi Matiur Rahman Nizami is taking advantage of the clause ï¿½subject to any reasonable restrictions imposed by law in the interest of the security of the State, .. .. .. ï¿½ to punish her political enemies and critics belonging to civil society.

The main features of the amended act made through presidential order may be outlined as follows:

According to section 97 (a) of the amended act the telecommunication service providers must cooperate with the officials who are assigned to tap and or record the telephonic conversations for the interest of national security. It also says that the service provider concerned shall make available to use their facilities and infrastructure free of cost to complete the mission taken by the assigned officials. The section concerned also includes deletion of a provision to give compensation to the telecom-service providers in case government decides to suspend their service by an order. This new section provides that government can authorize an official of intelligence agency, national security intelligence, investigating organization or person to tap and collect conversation, and to resist the phone service operators from sending message and conversation in the interest of ï¿½national securityï¿½.
The section 97 (2) of the existing act requires that if Rastrapati (president) declares an emergency, the government may suspend any license or certificate or permit issued under this act, or suspend any particular activity of, or a particular service provided by, an operator, but the government shall pay compensation for the loss incurred by the service provider(s) concerned because of suspension.

On the other hand the current Order, promulgated by the President Dr. Iyajuddin Ahmed, says that if Rastrapati declares emergency or if the government feels that the stateï¿½s security and law and order situation are in danger, it can suspend or amend any license/ certificate/ permit issued under this act, or suspend any particular activity of, or a particular service provided by, an operator without paying any compensation whatsoever for such act of suspension on the part of the government.

The amendment is not clear if under normal situation the all powerful Khaledaï¿½s government can switch off mobile phone services at any time she desires, or feels that law and situation is in danger that may topple her from the seat of state power.

If the PO curtailing our individual freedom and activity is not a black law then, may I ask what is the definition of ï¿½black lawï¿½ ?

Honourable readers, note the sentence included in the PO ï¿½if the government feels that the stateï¿½s security and law and order situation are in dangerï¿½. Just a feeling on the part of our great lady PM is sufficient to kill yours and mineï¿½s individual freedom and movement. She can tap your telephonic conversation with your fiancï¿½, if she feels that such conversation endangering law and order situation, stateï¿½s security or and national security. May I ask our grand lady in all politeness ï¿½madam do you really understand what meaning and significance those words carryï¿½?

One positive side of the PO is that Khaleda-Nizamiï¿½s pro Islamic government now categorically admits that ï¿½law and order situation is in danger; state and national security are at stake.ï¿½ Persecution of minorities (and still continuing) of all shades following 2001 general election, killing and abducting of business elites, persecution of political opponents- even killing of elite politicians, harassment, persecution, even killing of intellectuals including University and college teachers, social workers and cultural personalities and not to speak of journalists, grabbing of business establishments and properties by the powerful mastans of the localities with the blessings of BNP from the weaker sections of the people which includes Hindu minorities and tribal too, unchallenged tyranny on the womenfolk in the name of fotwabazism etc. are the characteristic features of Khaleda-Nizami led four party governmentï¿½s good governance. Khaledaï¿½s failure have been amply demonstrated by the following facts:

Switching on Army inspired ï¿½Operation Clean Heartï¿½ that instead of cleaning terrorism and other antisocial activities including wide spread ï¿½corruptionï¿½ within and without government contributed to not less than fifty extra judicial killings and innumerable number of injured, eviction from abodes, and arrest of innumerable political activists and common men, most of whom are still agonizing in the jail without being tried.
Constitution of Special armed cadre within legal frame work known as RAB and similar others and let loose on the anti-socials, miscreants and terrorists with a view to clean the society free from crimes, atrocities and violence with little success. The violence, atrocities, extortion, killing by goondas, abduction by anti social elements are continuing unabated. Instead, hundreds of extra judicial killings have occurred at the hands of RAB, police and other bahinis. Apart from these legal bahinis all parties sharing in alliance government maintain private armed cadres who are used to help legal bahinis during hartals, strikes and demonstration organized by oppositions.
Recent unprecedented violence and militant atrocities in the form of blasting of explosive devices let loose by the Islamic militant fundamentalist force being nurtured by the BNP and its allies since they took over state power in 2001.
Introduction rapid trial system to try antisocial and killers.

Needless to say all her attempts proved failure. Now her government opened another front to peep into our bedroom to look for JMB-workers and Banagla Bhai followers. What a tragedy. I pity her for bringing the country to total ruination. But even then the lady is blaming opposition, particularly AL chief Sheikh Hasina for all her misdeeds sitting in the government.

Now to cover up her utter failure that leads many to call our state as ï¿½failed stateï¿½- she has resorted to so called ï¿½Sanglapï¿½ (a dialogue drama with her pet and obliging people), a futile and time wasting exercise, and in her latest scheme she asked our spineless president to promulgate a PO that kills human rights, fundamental rights of an individual and democratic and human values.

Reaction from various corners.

Politicians and political parties including AL of all shades of opinions, except BNP and likes, condemned presidents proclamation as anti-democratic, aiming to use against opposition politicians and critics of the civil society, gross violation of human rights and fundamental values. JSD has condemned the PO and asked for its immediate withdrawal. The workerï¿½s party politburo sharply reacting on the promulgation of the black law said that government did it primarily to harass and oppress its political opponents. ï¿½This ordinance is a gross violation of our constitutionally recognized human rights and a threat to the privacy of the citizensï¿½, said the politburo resolution rejecting the governmentï¿½s argument for amending the telecom Act of 2001. The Bangladesh Studentsï¿½ Union accused the government that promulgation of PO proved that it had no respect for human rights and civil liberty. Its president, Baki Billah expressed concern that the ordinance provides a tool in the hand of the government to harassing political opponents.

28 intellectuals urged upon the government to withdraw the PO immediately as it would be used by the intelligence people at the instance of interior ministry very unwisely against critics of the government. These includes among others- Prof. KS Murshid, Prof. Zillur Rahaman Siddiqui, Prof Ajoy Roy, Prof. Anisuzzaman, Prof. Muzaffar Ahmed, Prof. Hayat Mahmud, Dr. Hamida Husain etc.

Advocate Abdul Matin Khasru, erstwhile law minister opined that it will harass the people saying, ï¿½The ordinance is ultra vires to the constitution being violation to the fundamental rights guaranteed by the article 43(b)ï¿½. ï¿½This would violate privacyï¿½, the advocate commented. Dr. Zahir, a leading lawyer of the Supreme Court said, ï¿½It will definitely hamper peopleï¿½s right to privacy and there is a possibility of its misuse.ï¿½ Barrister Roknuddin Mahmud also opined that it would be misused. Kazi Feroz Rashid, a former telecommunication minister in Ershadï¿½s regime opined the PO is a violation of human rights.

There are a few, like Ex IGP Modabbir Choudhuryï¿½s opinion that it might retard crime activities, if properly used. Another retired IGP Mr. Shahajan commented that it must not be used in the interest of the ruling party and interested individuals.

A leading cello phone operator opined that, might be around few hundreds using the system for evil purpose, but for them one can not punish or penalize 8 million innocent users.

Professor Ajoy Roy, an eminent scientist and educationist expressed his reaction over the promulgation of PO amending the existing Telecommunication Act, as an encroachment over an individualï¿½s privacy, a fundamental right of an individual, an impingement of civil liberty and it constitutes an infringement of basic human rights guaranteed in human rights declaration of UNO and also in our Constitution. ï¿½This is an example how an autocratic government reacts when it fails to provide good governance to the countryï¿½, said the learned professor. He charged the government for turning Bangladesh a police state terming the present government as tyrannical, fascist and autocratic having no respect for liberty, democracy and tolerance.

Sayed Manjurul Islam, a DU professor of English, commented that the move was simply a violation of human rights and an expression of governmentï¿½s evil intention to oppress dissident views. ï¿½The governmentï¿½s sincerity is enough for containing militancy, there is no need to tap telephone conversation.ï¿½, he contented.

Professor Sirajul Islam Coudhury, a leading educationist and a writer, feared that the ordinance would be abused to blackmail and harass innocent people. He opined that it would endanger the civil liberty. Instead of wholesale taping telephones the government could do it for a particular criminal if he is suspected of doing criminal activities including bomb explosions. ï¿½Why innocent people will suffer for a handful of criminals ?ï¿½, he posed the question.

Adhikar, a human rights organization in a statement said that the promulgation of the PO was a violation of section 43 of the constitution wherein individual civil liberty has been guaranteed.

It is learnt that at the instance of PMï¿½s desire, the taping of telephones would extend to top political leaders, dissident BNP members and MPs, retired bureaucrats, lawyers, businessmen and even foreign diplomats, especially those of UK, India and European countries. Even the relatives and friends of top political leaders would not be spared from the network. Already government agencies are having talks with directors of different mobile telephone companies in this regard.

It may be recalled that post and telecommunication ministry, at the desire of Khaleda Begum and her coalition partners, proposed the amendment as it feels that due to the wide availability of mobile phones, the criminals are using them to facilitate criminal activities, thus posing a threat to national security and law and order.

What a childish argument. Do our government consider us a bunch of fools ! I really wonder.

Prof. Ajoy K. Roy, is a reputed scientist and human rights activist from Bangladesh