Nirmal Barua Milon :: It has been taken almost a year to file a case under the Digital Security Act against an organized criminal gang in Barkal upazila of Rangamati district for organizing online cyber crime. Despite this, except for one of the five accused (Nakul Chandra Sharma), the Barkal police of Rangamati district could not arrest the other four accused. Under the Digital Security Act, it is a legal obligation to investigate the case against the accused within 90 working days and submit the final report to the court. However, the police could not submit the final report of the charge sheet yet of such a sensational case to the court even after 227 working days.

Barkal Thana Case No. 01 dated June 22, 2020 and Rangamati Cognizance Court Case No. 209/2020. According to the prosecution, the organized criminal gang used electronic devices to deceive through technology. Apart from embezzling money, Rakhi Khisa has filed a case against five people in the Barkal police station of Rangamati district on June 22, 2020 for organizing a cyber crime. They have been accused for mixing food intoxicants and make her senseless and after making offensive videos and photos posted them on social media. Today, May 10, 2021, is the 227th days of this case.

The accused in the case under the Digital Security Act are accused no. 1. Nakul Chandra Sharma, father - late. Sudhan Chandra Sharma, village Harina Bazar area, no. 2. Md. Sohel no. 3. Md. Sumon Parvez both (no. 2 and no. 3’s) father- Abdul Malek, village- Harina Bazar area (Amtala), no. 4. Md. Yusuf Rana, father - late. Ali Ahmed, village - Harina Bazar area (Amtala), police station Barkal, upazila - Barkal and no. 5. Amar Shanti Chakma, father Chiranjeeb Chakma, mother - Indradevi Chakma, village - Kusumchhari Subhalang, present address - village - Dhanubagh - Master Para (Surjer Hasi Clinic Choto Harina Branch), Thana - Barkal, Upazila Barkal, District - Rangamati Hill District.

On December 27, 2020, members of the Police Bureau of Investigation (PBI) arrested the accused Nakul Chandra Sharma (31) from Sanjit Saloon in Majartek area of Karnafuli Police Station in Chittagong and brought him to South Kulshi PBI office in Chittagong for questioning. After the confirmation of the accused’s information, he has been handling over the investigating officer (IO), Sub Inspector (SI) of Barkal Police station Md. Kamal Hossain. The next day on 28 December 2020, the inspectors took him to Rangamati Kotwali police station and after making the case documents he has been sent to the jail through the court of Rangamati Chief Judicial Magistrate Asad Uddin Asif.

On Wednesday, January 8, 2021 at 2 pm, through virtual court, Rangamati Judicial Magistrate Belal Hossain granted 2 days remand of the accused, Nakul Chandra Sharma and ordered to bring him to the police custody at Rangamati Kotwali Police Station and ask for the case materials.
Nakul Chandra Sharma, the main accused in this case, is currently lodged in Rangamati District Jail.

The investigation has revealed that the second accused in the case Md. Sohail Parvez is working in a garment factory in EPZ area of Chittagong.

Accused number 3 Md. Sumon Parvez is doing business in the Choto Harina market of Barkal upazila sitting in a regular mobile shop. Md. Sumon is involved in local Awami League politics and is a leader of the Choto Harina Bazar Business Association.

Accused number 4 Md. Yusuf Rana travels as a speed boat driver Choto Harina, Barkol to Rangamati almost every day. However, he has a business in Harina too.

The other accused in the case, Amar Shanti Chakma, is currently the acting clinic manager at the Chhota Harina branch of Surjer Hasi Clinic. All the accused except one are staying in their respective areas but still all the accused in the police register are fugitives.

The plaintiff in this case said that the accused had secret relationship with the police. In addition, to the pictures with the members of the intelligence agency working in the Choto Harina, the accused are moving around the area with the police shadow. “We have learned from the media that if there is a case under any digital security law in the country, the law enforcement agencies are arresting the accused in one to three days. But today, May 10, 2021, the case will be completed on the 28th of next month, in fact, it will be one year since the case was filed yet Barkal police could not arrest all but one of the five accused” said plaintiff Rakhi Khisa.

According to local sources, the accused in the case under the Digital Security Act Md. Sohail, Md. Sumon Parvez, Amar Shanti Chakma and Md. Yusuf Rana, staying there areas of any kind of police obstructions. Even police are not arresting them.

Meanwhile, the victim, Rakhi Khisa, said that she was constantly threatened to resign from the job of Surjer Hasi Clinic as she is not withdrawing the case filed against the accused. The plaintiff said that she (the plaintiff) was being pressured to withdraw the case filed against the organized criminal gang under the Digital Security Act and to withdraw the case filed against Amar Shanti Chakma, Acting Clinic Manager of the present Surjer Hasi Clinic Choto Harina branch. “Not to agree upon withdrawing the case files, I was transferred to a remote area” she said.

Amar Shanti Chakma, another accused in the case, said the offending video was originally sent from the mobile of field worker Mausumi Chakma to the head office of Surjer Hasi Clinic in Green Hill. The mobile was taken into custody and the offensive video was also on my mobile which was found by the police, admitted Amar Shanti Chakma.

Investigation of the case against the 5 accused filed under Section 24 (2) / 25 (2) / 29/30/31 (2) / 35 (2) 2018 of the Digital Security Act dated 22 June 2020 at Barkal Police Station has been going on for almost a year. The investigating officer of the case, Sub-Inspector Kamal Hossain said, “On December 26, 2020, PBI members arrested the accused Nakul Chandra Sharma (31) from Sanjit Saloon in Mazjartek area of Karnafuli police station in Chittagong. The mobile phone with him was seized. On January 8, 2021, with the permission of Rangamati Judicial Magistrate Belal Hossain Virtual Court, Nakul Chandra Sharma was remanded in police custody for two days.

“The device (mobile phone) seized from Nakul Chandra Sharma was sent to the forensic lab of the Police Bureau of Investigation (PBI) to uncover digital information. Mentioning the case number on 15th April, 2021, message was sent by Message ready. Due to the lockdown, our police members are not going to Dhaka by post. If it was only a report or a paper report, I would have received it by post for so long, but since I don’t have the device (mobile phone), anyone has to go to Dhaka and bring the report with the device from PBI’s forensic lab. If the lockdown is lifted and vehicle communication with Dhaka starts, I hope I will be able to submit the chargesheet (final report) of this case to the court” Investigating officer Kamal Hossain mentioned.
He further said that Rangamati Cognizance Court summoned me to the court and wanted to know the reason for the delay to submit the chargesheet (final report) of the case.He mentioned, “I took time from the court twice. Hopefully, I will be able to submit the chargesheet (final report) of the case to the court next June”.
Answering the question of, “Out of 5 accused in this case, only 1 accused has been arrested, why the remaining 4 accused are not being arrested?” The investigating officer of the case, sub-inspector Kamal Hossain replied that action would be taken against the remaining four accused after reviewing the report in the forensic lab of the PBI.

The accused in this case under the Digital Security Act Md. Sohail, Md. Sumon Parvez, Amar Shanti Chakma and Md. Yusuf Rana publishing pictures on social media along with the members of the intelligence agency working in Chhota Harina, when Kamal Hossain’s attention was drawn to it, he said that uploading a picture of a criminal taking pictures with an official-employee of a government intelligence agency on facebook does not prove that he is not an accused or a criminal. In the country, pictures of many criminals including VIPs can be seen. Even after that, are the criminals being protected from the law? The police are arresting them and the culprits are being punished in the court. However, the higher authorities of the intelligence agency should take cognizance of the issue of posting pictures of the members of the intelligence agency working with the accused in the case under the Digital Security Act in the hill areas on social media.