Police searches: Checking mobile phones and social media violates law

Abir Mahmud Zakaria, 27, a lawyer, lives in the Hatirpool area of Dhaka. On Thursday evening, he attended a relative’s wedding ceremony in Dhanmondi. It was past 12:30 am when he was returning home. Near Eastern Plaza, a police patrol team stopped him.

A sub-inspector asked him, “Where are you coming from so late?” Abir showed the invitation card and explained that he had attended a wedding in Dhanmondi. The officer then searched his body. When the officer attempted to check his mobile phone, Abir objected, saying, “There may be personal items on my phone. Why should I hand it over to you?”

In response, the SI said he would inspect the phone for security reasons, adding that members of a banned organisation had recently been holding processions late at night and that senior authorities had instructed officers to check mobile phones.

The officer also asked to open Abir’s Facebook account. When Abir said his account had been inactive for some time, the officer instructed him to open his phone gallery instead and show its contents, saying, “We will check whether you are linked to any banned group.”

Speaking to this correspondent on Saturday, Abir described the incident in detail. He also said he was not alone, adding that his cousin in Chattogram had faced a similar situation, where police searched both his body and mobile phone while he was on the road.

Similar accounts of roadside searches have been reported from different parts of the country in recent times. Several videos of this have also gone viral on social media. Allegations have emerged that during such searches, police are inspecting users’ private content, including photo galleries, WhatsApp messages and Facebook posts.

Alongside mobile phones, patrol teams are also seen searching bodies and vehicles. In some cases, mobile journalists (MoJo reporters) are filming these incidents and sharing them on social media.

Questions have now been raised over whether police are legally allowed to carry out such searches—particularly whether inspecting mobile phones amounts to a violation of citizens’ right to privacy.

A viral video circulating on social media for about a month shows a vehicle being searched by police in front of mobile journalists near Banglamotor in the capital city. The person inside the vehicle is seen opening bags and showing their contents to officers.

Similar incidents have also been recorded in front of cameras near Baitul Mukarram National Mosque, where a young man’s bag was searched while a person filming narrated the process. In another case, a pickup van driver was fined in front of mobile journalists.

There are also reports of vehicles being stopped and fined for speeding on the “July 36 Expressway” in Purbachal, often in the presence of MoJo journalists.

In another video, during a check of vehicle documents, a police officer is heard saying, “Search the entire vehicle and see if there is any beer or alcohol,” while the interaction continues in front of the camera.

Experts say searching citizens’ bodies, mobile phones, and private communications such as social media messages while they are on the move is a clear violation of the Constitution and existing laws.

Rezaul Karim, Chairman and Assistant Professor of the Department of Criminology at Dhaka University, said mobile phones are central to everyday communication and contain extensive personal data. Therefore, there is no legal basis for violating privacy through phone searches.

He noted that Article 32 of the Constitution guarantees that no person shall be deprived of life or personal liberty, while Article 43 protects the privacy of correspondence and other means of communication.

He also referred to Article 12 of the Universal Declaration of Human Rights, which protects individuals’ right to privacy and dignity.

Rezaul Karim further said that search procedures must follow proper legal guidelines.

He added that in many cases searches are being conducted in front of cameras, and videos are later circulated on social media, further violating individuals’ rights without their consent.

A special nationwide police operation has been ongoing since 1 May targeting drug users, drug dealers, illegal arms traders and muggers. However, there has been no official instruction to check mobile phones or access Facebook or WhatsApp, said Assistant Inspector General (Media) at Police Headquarters, AHM Shahadat Hossain.

He told Prothom Alo that there is a provision for checking social media on mobile phones only when there are specific allegations of misinformation being spread through such platforms.

If any officer is found searching a citizen’s phone without specific grounds, legal action will be taken against them, he stated.

Regarding vehicle searches, Shahadat Hossain said the videos circulating on social media are not released by the police but by YouTubers.

He acknowledged that such practices constitute a violation of privacy, adding that the police are unable to control it. Without social awareness, it cannot be stopped, he said.