No scope for cancelling cases filed under DSA: law minister
Law Minister Anisul Huq told parliament today that there is no scope for cancelling the cases filed under the Digital Security Act (DSA).
The minister came up with the statement while replying to a query from Gonoforum MP Mukabbir Khan.
With Deputy Speaker Shamsul Haque Tuku, the question-answer session was tabled.
Repealing the much controversial DSA, the Cyber Security Bill was passed in parliament yesterday.
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.
Mukabbir Khan in his question asked the minister if the people who have been harassed, jailed, or still languishing in jail due to the misuse of the DSA would be compensated.
At the same time, the Gonoforum MP wanted to know how these issues would be resolved.
In response, the law minister said that 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 that 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.