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No scope for quashing cases filed under DSA: Law Minister

Law Minister Anisul Huq has rejected outright the idea of revoking the cases filed under the Digital Security Act (DSA) and compensating those who became the victims due to abuse of the law.

“Question doesn’t arise at all to revoke the cases filed under the Digital Security Act and providing compensation in this regard,” he said while responding to a question of opposition Ganoforum member of parliament Mokabbir Khan in Jatiya Sangsad on Thursday.

With Deputy Speaker Shamsul Huq Tuku in the chair, the questions were tabled at the beginning of the question-answer session.

Cyber Security Act (CSA) was passed in parliament on Wednesday cancelling the controversial Digital Security Act (DSA).

The proposed law will come into effect following gazette notification and after the signature of the president. According to the Cyber Security Bill, the cases under DSA will continue.

Since the release of CSA, human rights activists and journalists have voiced their concern, saying that the objectionable sections of the DSA have been incorporated in the CSA. As a result, there will be scopes of harassing people.

In parliament, Mukabbir Khan MP wanted to know that the government had decided to cancel the DSA. Many of those who have faced various harassments due to wrong application of the law, went to jail. Many are still in jails. At that same time, he wanted to know how those cases will be resolved.

In response, the Law Minister said there is no scope for quashing the cases filed under the DSA and there is no question of giving compensation in this regard.

Explaining the issue, the Law Minister said the position of the law is that the crimes committed under the old law, the punishment will be given under the old law and the court will award the punishment to the criminal.

Anisul further said Article 35 of the Constitution says: “No person shall be convicted of any offence, except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than, or different from, that which might have been inflicted under the law in force at the time of the commission of the offence.”

The minister also said if the complaint filed under the DSA and other related proceedings or any proceedings instituted or any suit or appeal filed is pending at any stage, the said proceedings or appeal shall continue as if it had been instituted or filed under the Cyber Security Act.