Ridding nation of black laws

One of the most tyrannous legacies of the past autocratic government was the Cyber Security Act 2023 (CSA 2023) passed in September 2023. It was actually a rehash of its equally draconian  predecessor, the Digital Security Act (DSA) 2018. However, in line with the promise made by the interim government under Dr Muhammad Yunus since its coming to power, the much abhorred 'CSA 2023,' is learnt to have been shorn of its nine oppressive provisions in the 'Draft Cybersecurity Ordinance 2025' approved by the Advisory Council  last Tuesday, May 6. As reported, the gazette notification of the 'Cybersecurity Ordinance 2025' would soon be issued after vetting by the Ministry of Law, Justice and Parliamentary Affairs.

Admittedly, the entire nation, especially the members of the families harassed and persecuted by the black law as well as the public in general have obviously been greatly relieved by hearing the welcome news. However, the public would now be eagerly looking forward to seeing that all those people suffering the consequence of the now-repealed infamous law are duly compensated, the victims still in prison are released and all the cases filed under that law are automatically quashed. The issue is concerning, since as of August 2024, some 5,818 cases under the notorious CSA and its precursor the ICT and the DSA  had still been pending  in eight  cyber tribunals during that time (September 2023). The reason for concern  has been further intensified by the fact that even the former Information Adviser of the Interim Government, Nahid Islam, in October last year said during a discussion event that the black law  still 'embarrassed' them  because cases were filed under it (CSA) against some individuals on the allegation that they 'made comments' against him (Nahid). So, until put to a decent burial, the black laws have the history of reappearing in a fresh garb under a new administration to the dismay of all.   

In fact, the now defunct CSA was a glaring example of how laws can be weaponised by an autocracy using a servile judiciary  to muzzle free speech, deny people the right to protest and hold assemblies and exercise all other basic human rights. It may be recalled that the press and the civil society of the time were generally bludgeoned to silence, submission and compliance. But there were still many who proved to be too loyal to serve the autocracy to the utter shame of and detriment to the tradition and the noble calling. So, while hailing the repeal of the infamous law, one needs also to be mindful of the past experience that the ghost of autocracy always survives in the hearts and minds of its apologists and sycophants.  They  would try to use any loophole in a law, as no law ever was watertight, to resurrect the black laws afresh. If history of the nation is any guide, it cannot be gainsaid that it has left a bitter legacy regarding black laws.  For, one might at this point, like to recall how the post-liberation black law, the 'Special Powers Act, 1974' (that could detain people indefinitely without bringing any formal charges against them) had been abused unabashedly  by successive administrations.   

Understandably, the public want to be reassured that the 'Cyber Security Ordinance 2025' is freed from lapses and loopholes to avoid repetition of past mistakes. The nation has the right to be exonerated of the sins of its past.