Gonoforum President Dr Kamal Hossain on Saturday demanded the immediate resale of Prothom Alo journalist Rozina Islam from jail as he thinks she was implicated in a ‘false case’ by bureaucrats. “Where’s the barrier to granting bail to Rozina when the entire journalist community, political parties, human rights organisations and eminent citizens of the country are demanding her release?” he said. Dr Kamal said, “We demand that Rozina be freed immediately and we all are her guarantors.” Also read: Don’t judge Rozina issue emotionally: Info Minister to journalists He made the remarks in a written statement at a civic rally in front of the National Museum in the city’s Shahbagh area demanding the release of Rozina and annulment of the Official Secrets Act and the Digital Security Act. Gonoforum Joint general secretary Mostaq Ahmed read out the statement at the rally in favour of Dr Kamal. Dr Kamal said Rozina went to the Secretariat on May 17 to perform her professional responsibility. Also read: Rozina to get fair judgement: FM tells CNN As she published reports on massive corruption in the health ministry, the Gonoforum President said bureaucrats harassed her for five hours and handed her over to police by implicating her in a ‘false’ case. “It’s our question as to why journalist Rozina was confined to a room at the Secretariat till 8pm,” he said. Dr Kamal also demanded the government repeal the Official Secrets Act and Digital Security Act and ensure press freedom. Also read: Order on journalist Rozina Islam’s bail Sunday He urged all to get united to force the government to revoke all the ‘black’ laws and ‘restore’ people’s voting rights. Speaking at the rally, Gonoshasthaya Kendra founder Dr Zafrullah Chowdhury voiced anger as a Dhaka court did not pass its order on a bail petition of Rozina in a bailable case on Thursday. He urged the journalists to get united putting behind their divisions to establish their rights and ensure press freedom. Also read: Drop all "oppressive charges" against Rozina: HRW Nagroik Oikay convener Mahmudur Rahman Manna, Dhaka University professor Asif Nazrul, chief coordinator of Ganosanghati Andolon Zonayed Saki, noted photographer Shahidul Alam and former Dhaka University Central Students' Union (Ducsu) vice president Nurul Haque Nur, among others, spoke at the programme.

Rozina Islam, a senior journalist at Bangladesh's most influential newspaper who was known for unearthing graft in the health sector, was probably feeling a sense of relief when she was entering the Secretariat on May 17 to get her second dose of the Covid-19 vaccine. If only she knew that she would be the victim of another epidemic right at the heart of Bangladesh Civil Service, an epidemic caused by a virus which muzzles the freedom of the press through archaic and vague laws. Rozina Islam was held at the Secretariat for five hours before being handed over to the police. A case was filed against her by an official of the Health Ministry under the Official Secrets Act of 1923. The British Era law, a sleeping monster which was never used against journalists in independent Bangladesh, was revived suddenly against the 42-year old journalist. She is currently spending her days in Kashimpur Women’s Central Jail as a  Dhaka court on Thursday fixed Sunday for passing an order on the bail petition filed by her lawyers. Read Don’t judge Rozina issue emotionally: Info Minister to journalists Colonial Inheritance of OSA The Indian Official Secrets Act, 1904 was enacted during the time of Lord Curzon, Viceroy of India from 1899 to 1905. It was an amended and more stringent version of The Indian Official Secrets Act (Act XIV) of 1889, brought in at a time when a large number of powerful newspapers had emerged in several languages across India, and the Swadeshi movement was just starting to emerge.One of the main purposes of the Act was to muzzle the voices of nationalist publications. In April 1923, a newer version of the Official Secrets Act was notified. The Indian Official Secrets Act (Act No XIX of 1923) replaced the earlier Act and was extended to all matters of secrecy and confidentiality in governance in the country. The Official Secrets Act that Bangladesh inherited upon its own independence is the exact replica of the 1923 - curiously no government has ever felt the need to amend it in order to be more time-befitting The maximum punishment for an offence under OSA ranges from  14 years in prison all the way to death penalty. Read ‘Independent media’ spreading lies against govt: Quader What OSA deals with The law broadly deals with two aspects — spying or espionage, which is dealt with in Section 3 of the Act, and disclosure of other secret information of the government, which is dealt with in Section 5. The secret information can be any official code, password, sketch, plan, model, article, note, document or information, derived from a prohibited place. OSA and journalism in Bangladesh UNB  talked to Mahmudul Haque, Lecturer of Mass Communication and Journalism at Begum Rokeya University and a former senior journalist himself, about  the buzz surrounding OSA and the arrest of Rozina Islam. He takes the course, ‘Safety and Security of Journalists’, which is only available in a few universities of the country. Mahmudul said that this colonial era law has been put to work for the first time in Bangladesh as a new tool to muzzle the freedom of press in Bangladesh alongside DSA. He said that the incident delivered a message to the investigative journalists of the country in order to make them  feel hesitant and fear being persecuted for their reports exposing corruption of the bureaucrats. “Like most of the laws enacted to curb the freedom of journalists in the country, this law is so vague that it doesn't define secrets,” he said. He feared that the use of OSA will deteriorate the status quo at a time where the culture of secrecy and self censorship among the journalists are already high. Read It's very regrettable; nothing to hide: FM about Rozina issue Faulty case Mahmudul said that any information derived from a ‘prohibited’ place for the purpose of spying will be considered as an offence under OSA. “The secretariat or the health ministry is not a prohibited place. Government itself provides ID’s to the journalists so that they can enter there to collect news,” he said. Besides, when this law was enacted more than a hundred years ago, the political and social context were very different than the current time, he continued. “It is highly  unlikely that Rozina was collecting confidential state secrets as a foreign agent in an attempt to pass it over to enemies,” Mahmudul exclaimed. When asked about the health minister’s statement where he said Rozina took snapshots of "secret documents related to purchasing vaccines," Mahmudul said purchasing vaccines can never be a secret matter related to national security. “According to international laws, the people deserve to know about any bilateral treaty related to public health," he said. Apart from OSA, she was also charged under sections 379 and 411 of the penal code. "See, sections 379 and 411 deal with mere stealing and theft. This cannot coexist with OSA.  So the entire process under which the FIR against her has been filed is faulty and I believe she will easily secure bail tomorrow." Read Watchdog: Media freedom has deteriorated during pandemic Can journalists be exempted from OSA There is a popular school of thought circulating in social media that OSA is only for government officials or defence personnels and journalists cannot be taken to trial under this act. When asked about this, Mahmudul said, "Unfortunately this is not the case." He cited  section 3A (1) of the OSA which stated, "No person shall, except under the authority of a written permit granted by or on behalf of the Government, make any photograph, sketch, plan, model, note or representation of any kind of any prohibited place or of any other place or area, notified by the Government as a place or area with regard to which such restriction appears to [the Government] to be expedient in the interests of the security of Bangladesh or of any part of or object in any such place or area" So anybody, including journalists can be taken to court under OSA as the law explicitly mentions 'no persons'. Contradicts with RTI Right to Information Act 2009 (RTI Act) of Bangladesh has been promulgated recognising  people's right to information  as an inseparable part of the freedom of thought and conscience, and of speech. Although it was initially appreciated  as a significant step towards ensuring public participation and transparency at the time of its enactment, the effectiveness of the RTI Act has been questioned over the subsequent decade. "The mere presence of OSA undermines the spirit of RTI and Article 39 of the constitution, which recognises freedoms of thought, conscience and speech as fundamental rights, " Mahmudul said. "Besides,  the  Public Interest Information Disclosure (Provide Protection) Act, 2011 (The Whistleblowers Act) provides protection and safeguards to whistleblowers if the information is true and related to public interest," he added. Laws like RTI and Public Interest Information Disclosure ACT will never be implemented properly as long as it coexists with laws like OSA and DSA, added Mahmudul. Read Future of journalism depends on adaptation, professionalism: Dr Arefin Example in Neighbouring country "Although OSA has never been used against any journalists in independent Bangladesh,  there are a few instances of it in our neighbouring country India," said Mahmudul Haque. He said that Saikia, a journalist of the Financial Express of India  was arrested in February 2015 in a similar case to Rozina where the police accused him of  writing stories and analyses from documents allegedly stolen from the government. He was released on bail in May after spending 80 days in jail. Additional sessions judge Inder Jeet Singh who had discharged Saikia relied on a 1996 Supreme Court verdict in the case of Sama Alana Abdulla versus the State of Gujarat, Singh said that the test of whether a certain disclosure compromised a secret depended on whether an "official code'' or "password'' had been divulged in terms of Section 5 of the Act, The Times of India had reported during the time. The report stated that the court's liberal interpretation lessened the scope for misuse of the OSA by official machinery as it made a sharp distinction between a secret document or report dealing with day-to-day routine affairs and one containing information on the sensitive issue of national security. A Delhi court in 2009 greatly reduced the power of OSA in a case filed against the same journalist over disclosing cabinet notes by passing a verdict that a document merely labelled "secret" shall not render the journalist liable under the law. Read World Press Freedom Index and Retrogressive Bangladesh All Colonial Era law should be scrapped All the colonial era laws, not only the ones related to journalism, should be scrapped as they are against the spirit of our freedom, said Mahmudul Haque. While most of the laws adopted in the three successor states of the British Raj do date from the colonial era, some draw particular ire for their history of having been used by the colonisers specifically to suppress dissent among the colonised. One such example is the Contempt of Court Act, dating from 1926. It may be noted that in India and Pakistan, the Act was subsequently amended to fit in better with the changed context of the independent states. However Bangladesh still sticks with the 1926 text. The offence of sedition, included in the Penal Code of 1860, still gets a lot of traction in all three successor states of the British Empire in the Indian Subcontinent, despite no longer being in the books in England itself since 2009. The 1861 Police Act is also felt among activists to be more suited to maintaining control over a colonised population, as opposed to a civilian security force that is there to serve citizens in a democratic society. Some of the most widely used colonial era laws that are deemed to curb freedoms include contempt of court Mahmudul also said that Rozina and her family can file a case  for wrongful confinement under the Penal Code against the concerned government officials if they believed she was being held at the secretariat against her will. Besides,they can also bring charges against concerned officials under the Penal Code, or the Women and Children Anti-Repression Act 2000, if she was physically tortured or harassed while being held, he said. Read Search is on for new leaders in journalism's upper echelons

Information Minister Dr Hasan Mahmud on Saturday urged journalists to look at the issue of Prothom Alo journalist Rozina Islam from a realistic point of view instead of considering it emotionally. “Look at Rozina Islam issue from a realistic point of view instead of looking at it emotionally,” he told the leaders of Bangladesh Federal Union of Journalists (BFUJ). The BJUJ leaders met the minister at his Minto Road residence a day before a Dhaka court’s order on the bail petition of Rozina in a case filed against her under the Official Secrets Act. Also read: Rozina to get fair judgement: FM tells CNN BFUJ president Molla Jalal, acting secretary general, Abdul Majid, senior journalist Syed Ishtiaque Reza, Dhaka Union of Journalists’ (DUJ’) joint secretary Khairul Alam, executive member Ibrahim Khalil Khokon and senior journalist Motahar Hossain were, among others, present. Earlier, the newly-elected committee of Directors Guild, an organisation of television drama directors, met the minister at his residence. Talking to reporters after the meeting, Dr Hasan alleged that an anti-state quarter is trying to take advantage of the incident involving Prothom Alo journalist Rozina Islam in the Health Ministry on May 17. Also read: Order on journalist Rozina Islam’s bail Sunday "The Rozina Islam incident has been politicised as the anti-state quarters have become very active to take advantage of it by capitalising on it,” he said. The minister said, “No one is above law -- neither a minister and a secretary nor Rozina Islam. We’ve to be careful so that the anti-state elements can’t use any of our activities as a weapon to harm the country." Besides, he said, various anti-state elements, who conspire against the country and spread false propaganda staying abroad, have also been seen to be very active over the incident. Also read: Drop all "oppressive charges" against Rozina: HRW The minister said Khaleda Zia’s former deputy press secretary Mushfiqul Fazal Ansari got a reply from an official on overall media by asking a question at the regular press briefing at the UN Secretary General's Office. “There’s an evil effort to conduct a campaign over that reply that it was the UN’s concern over the Rozina Issue. “The statement of a UN official and the UN’s concern are not the same at all.” Dr Hasan said he got information on social media about collecting official documents from the Shipping Ministry and Home Ministry by Rozina in the past the same way she did it in the Health Ministry on May 17 and managing work for her husband’s business. “As an investigation is going on, these things will come out.” About BNP Secretary General Mirza Fakhrul Islam’s comments on the incident, Dr Hasan said as BNP is speaking on the Rozina issue and it is clear that there is an attempt to give it a political colour.

Senior journalist Rozina Islam's arrest and the failure of the Bangladesh authorities to provide concrete evidence pointing to a recognisable criminal offence raise concerns that she is being targeted for her critical reporting, Amnesty International said Wednesday. In the absence of such evidence, the authorities must release Rozina immediately and she should not be punished for fulfilling her professional duties as a journalist, the human rights organisation also said. Also read: Will ensure justice for journalist Rozina: Info Minister Amnesty's South Asia Campaigner Saad Hammadi said: "Rozina Islam has exposed irregularities in Bangladesh's health sector for the past few months during the Covid-19 pandemic and her arrest points to an increasing trend of a wider crackdown on freedom of expression through draconian laws to silence critical or dissenting views." Prothom Alo Managing Editor Sajjad Sharif told Amnesty that Rozina has produced several investigative reports critical of the public health sector during the Covid-19 pandemic. The newspaper feels that the actions taken against her are a result of the authority's grievance against her. Also read: DB to investigate case against Rozina "The prosecution of Rozina under the Official Secrets Act is a brazen attack on the right to freedom of expression and the ability of Bangladeshi society to seek and receive information," Saad said. "Information about how the government is procuring Covid-19 vaccines is in the public interest and should not be hidden behind national security locks. The way in which the public health sector operates during the pandemic is of critical public interest," he added. Also read: That's something concerning: UN on Rozina's arrest On May 17, the authorities held Prothom Alo senior journalist Rozina for five hours within the Health Ministry on the allegations of stealing confidential official documents and espionage. A deputy secretary of the health ministry accused her of stealing confidential official documents from the ministry under the colonial-era Official Secrets Act 1923 and the Penal Code of Bangladesh.

Journalist Rozina Islam, arrested under the Official Secrets Act on Monday, will get justice, Information Minister Hasan Mahmud said on Wednesday. “I’d request journalists to look at the matter rationally. Since a case has been filed, we’re seeing to it that she (Rozina) gets justice. Have faith in the government. The Prime  Minister  and I are determined and cordial to protect the honour of journalists,” he said at an event of Journalist Welfare Trust at Chattogram Press Club’s Bangabandhu Hall. The 42-year-old Prothom Alo senior reporter, known for unearthing corruption, was kept detained at a room in the Secretariat for over five hours before being handed over to police. She allegedly took photos of documents related to government negotiation to buy Covid-19 vaccine from various sources, according to case documents. Also read: Quader urges journalists to be patient over Rozina issue On Tuesday, a Dhaka court sent her to prison after rejecting the police's five-day remand plea. She is scheduled to appear before the court on Thursday. Rozina Islam rejected the allegations saying, "I was, in fact, harassed at the Secretariat." Stephane Dujarric, Spokesperson for the UN Secretary-General, raised concerns over the journalist’s arrest. “It’s something that’s concerning,” he said in a regular briefing. Journalists groups in Bangladesh and the New York-based Committee to Protect Journalists (CPJ) demanded her release. Also read: DB to investigate case against Rozina “We’re deeply alarmed that Bangladesh officials detained a journalist and filed a complaint under a draconian colonial-era law that carries ridiculously harsh penalties,” said Aliya Iftikhar, CPJ’s senior Asia researcher, reports AP. Minister Mahmud said it is wrong to take away confidential documents. “Anyone can seek information from the government through the Information Commission but he/she will not get information on a non-disclosure item. Taking such a secret document is wrong,” he said. The minister said the government would ensure that she gets justice. “If anyone from the Health Ministry was responsible [for the incident], it’ll be unearthed through investigation,” he said. Also read: That's something concerning: UN on Rozina's arrest The health minister has explained what had happened with her, Mahmud said. He asked why she was detained at the Secretariat for five hours? He said the health ministry has formed a committee to investigate the incident. “It’ll see if anyone had harassed her, what was her crime and if anyone from the ministry had committed any crime,” he said.