The Official Secrets Act, 1923 came back into the newscycle after Omi Das, a police constable, was arrested under it, after allegedly leaking a walkie-talkie message from Chattogram Metropolitan Police Commissioner Hasib Aziz.
Omi, from the Patiya upazila of Chattogram, is a member of the Telecom Unit of the CMP who was working at the Khulshi Police Station on deputation.
This is not the first time that the Act has been used, with a controversial case arising during the Covid-19 pandemic, when Prothom Alo journalist Rozina Islam was arrested under the Act in 2021 for allegedly collecting sensitive government documents and taking photos of them at the health ministry.
On 14 August last year, the Chief Metropolitan Magistrate's (CMM) Court in Dhaka ordered the Rozina's acquittal.
The Police Bureau of Investigation (PBI) requested the court to acquit Rozina Islam, as the final report could not substantiate the allegations against her.
This decision came three years and three months after she was charged.
Why was Omi detained?
On August 11, a clash broke out in the port city's Saltgola Crossing area as the Awami League and its allies led a procession.
When police responded, a clash ensued, leaving SI Abu Sayeed of Bandar Police Station seriously injured.
The next night, Commissioner Aziz provided a directive over the police walkie-talkie network, ordering every police patrol and check post party to have live ammunition and weapons when on duty.
"If anyone pulls out a weapon in front of police , be it sharp weapons or firearms, they must be resisted," Aziz said.
A clip featuring this message quickly spread on social media, drawing criticism.
This led to the police launching an investigation to identify the leaker.
The investigation revealed that Omi was responsible and he was detained on Sunday night by the police.
What does the Act say?
The Official Secrets Act – with the objective of protecting state secrets, military or administrative communications as well as documents and signals – is another colonial era relic left by the British empire.
Leaking secret information, including a document, signal, order or plan, without permission, is a crime under it.
The punishment for such leaks is a maximum of 14 years in prison.
If there is evidence of treason or using the information to benefit the enemy in time of war, the death penalty can also be imposed.
In general cases, the punishment ranges from 3-7 years in prison and a fine.
Rozina case: The first spark
The most recent widely-discussed case under the Official Secrets Act came in April, 2021, when Rozina was arrested during the course of a routine investigation.
Before the visit to the health ministry, Rozina had reported on bribery in recruitment at the health directorate, irregularities in the purchasing of emergency medical supplies to respond to the Covid-19 pandemic and various other issues.
Media reports stated that Rozina went to the Health Ministry at around 3:30pm on 17 May, 2021, for a meeting with the health services secretary.
However, things soon took an untoward turn.
After being accused of stealing state secrets, Rozina was confined to a room for nearly six hours, during which she fell ill and fainted.
Furthermore, while being held at the Secretariat of the health ministry, Rozina Islam was reportedly aggressively frisked by officials and her mobile phone was confiscated.
She was then taken to the police.
According to the complaint filed by the ministry, Rozina took government documents related to the procurement of Covid-19 vaccines from China and Russia.
She denied these allegations while her colleagues called it vengeance against her due to her various reports on graft.
On 23 May that year, Rozina was released from prison after seven days of imprisonment on bail.
Omi suspended, being interrogated
In Monday's case in Chattogram, a police officer said on condition of anonymity, "The commissioner's instructions were very sensitive. It created discomfort at the top levels of the administration since coming out."
Lawyer, columnist and human rights organizer Ad Zia Habib Ahsan said, "Such a law is necessary to protect national security. However, there must be transparency in the application of any law.
"If Constable Omi Das really leaked the commissioner's instructions, then it is a breach of discipline and a serious crime. Leaking confidential information is a serious crime. It is logical to file a case under this law. The commissioner only reminded police of the legal right to self-defence."
After being detained, Omi Das was suspended. A senior police official said that if the incident is proven, he will be permanently dismissed from his job.
The senior official, who did not wish to be named, said that Omi is now being interrogated in custody.
Whether he had a hand in spreading any other state secrets is also being investigated.
It was initially proven that he was the one who leaked the message, he added.
Meanwhile, the Bangladesh parliament has enacted the Public Interest Information Disclosure (Provide Protection) Act (popularly referred as the Whistleblower Protection Act) to guarantee legal protection to the whistleblowers back in 2011.
But this law, barely implemented, also restricts disclosing information to "competent authorities" as defined in the Act.
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