People would be moved by the article titled What message has Rozina’s imprisonment sent us? on the first page of Prothom Alo’s print edition by political scientist Rounaq Jahan on Tuesday.
Especially, Rounaq Jahan’s recommendation and my expectation is that “the government and the leaders of the journalist organisations would work together to enact a law to ensure press freedom and security of journalists and reach a consensus to repeal laws and clauses in various acts that are in conflict with rights of citizens and the government would take effective steps in this regard.”
Due to bitter experiences caused by the draconian laws imposed on the newspapers and journalists in the 60s and subsequent torture, the first chapter of our constitution, made under the leadership of Bangabandhu Sheikh Mujibur Rahman on 4 November, 1972, was about “Fundamental Rights”.
The first paragraph (26. (1)) of this chapter states: “All existing laws inconsistent with the provisions of this Part shall, to the extent of such inconsistency, become void on the commencement of this constitution.”
The expectation of Rounaq Jahan and all the people of the country has been preserved in the first section on fundamental rights of our constitution. So, as per the constitution, the Official Secrets Act, 1923 became null and void on 4 November, 1972.
Since 4 November, 1972, the birth of the constitution of Bangladesh, colonial-era Official Secrets Act , 1923 has become nonexistent as it is conflicting and inconsistent with the fundamental rights of the people of Bangladesh, I believe.
* M Amir-ul Islam, Barrister at Law, senior lawyer, Bangladesh Supreme Court. This article, originally published in the print and online edition or Prothom Alo, has been rewritten for English edition by Ashish Basu