It is completely illegal to shut down internet by executive order: Ishrat Hasan

In the name of executive order, the internet and social media was shut down to suppress the movement demonstrated by the students and mass people of Bangladesh against the autocratic regime. The ousted fallen government in this context is being widely criticized for shutting down internet. The act is deemed as unconstitutional to keep the country isolated by shutting down Internet for 10 days by instructing through WhatsApp threatening the cancellation of licenses.

In this regard, Supreme Court lawyer Advocate Ishrat Hasan said that it is completely illegal to shut down the Internet through executive orders. We have not given any such condition while taking broadband or mobile internet connection that they can turn off the internet at their will. And when the government lied about them, we sent a legal notice. If the broadband internet is down for 5 consecutive days, 50 percent of the money cannot be charged from the customer. Those who have taken advance payments for the month of July will either refund them or adjust them to the month of August. However, no response to this legal notice has been given by the government. Also, we do not have any confidence in the inquiry committee that the interim government has set up to investigate this matter as there are persons who are responsible for this shut down.

She herself was said to pay the outstanding bill on August 11 without adjusting the bill even after talking about the internet connection from the Antorango broadband that she uses for her personal need. The lawyer alleged that she had called the company and asked them to make arrangements for paying the bill in advance, but they were not taking the matter into consideration. She said, “We are a customer of Banashree of Antaranga.com. We pay advance bill every month. On August 1, 2024 at 12:30 PM when we were asked for broadband net bill, we told them to take half of this month's bill by adjusting half of July's bill as per BTRC notification. The person who came to collect the bill said it was done by the government, we have nothing to do, we will take the full bill. Even they threatened to cut the line if we don't pay the bill. After hearing this, I called Antaranga.com's office and reported the matter. Let me mention the issue of BTRC's instructions again and again. And asked to take half of this month's bill by reconciling July's bill. After a while, the office made it clear over phone that we would not take half the bill regardless of what the law says. nothing to do. Sorry.”

Ishrat mentioned that, as this is a national responsibility; although, the government is supposed to adjust this compensation, but the ISPs as providers have to take this responsibility. She also said that she has no confidence in the investigation committee that the interim government has formed in this regard because there are the persons who are responsible for this illegal shutdown.

Ishrat said that the government should file a departmental case for the negligence of those involved in the internet shutdown. The government must take responsibility. Those responsible should be identified and punished. Not only the internet shutdown, but fraud cases should also be filed against those who lied about the internet shutdown at that time.

She said, cheating the public is a criminal offence. Therefore, fraud should be prosecuted and punished. A departmental case should also be registered against the government officers who were involved. And if found guilty, there is a sentence of up to 1 year and a fine. Besides, if the government officers are found guilty in a departmental case, the accused may be dismissed from service.

She wants to lodge a complaint with BTRC soon and if she does not get a response to the legal notice, she wants to file a writ in the high court.

Meanwhile, government agencies have not acknowledged the internet shutdown; Instead, Zunaid Ahmed gave various statements at times. He brought forward the Internet infrastructure arson, that is data center fire.

According to sources, the two government agencies: Bangladesh Telecommunication Regulatory Commission (BTRC) and National Telecommunication Monitoring Center (NTMC) ordered the shutdown of the internet. Even the then Minister of State for Posts, Telecommunications and Information Technology Zunaid Ahmed Palak directly ordered the shutdown of the internet.

According to Section 97 of the Telecommunication Act, the government can shut down the internet in the interest of national security and public order. However, lawyers think that the Awami League government has used the strategy of blocking the internet to suppress political opposition and protests in the name of public order which caused huge public suffering.