Cases under DSA
SC upholds bail to JnU student Khadijatul, no bar to get release
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The Appellate Division of the Supreme Court on Thursday upheld a High Court order that granted bail to Jagannath University student Khadijatul Kubra in two separate cases filed under the Digital Security Act, clearing the way for her release.
A six-member bench of the Appellate Division of the SC headed by Chief Justice Obaidul Hassan passed the order after dismissing two separate criminal appeal petitions filed by the state challenging the HC bail order.
Lawyers BM Elias Kachi and Jyotirmoy Barua who appeared in the court hearing on behalf of Khadijatul said that there is no legal bar for Khadijatul to get released from jail following the Appellate Division order.
On February 16 this year, the HC granted permanent bail to Khadijarul in the cases following her two appeal petitions.
The state then filed two petitions with the SC challenging the HC bail order. Following the state's petitions, the SC Chamber Judge stayed the HC order of bail and sent the issue to the regular Appellate Division bench for a detailed hearing.
Khadijatul also submitted two petitions to the Appellate Division praying to the court to vacate the Chamber Judge's stay order. Then the apex court held a hearing on all four petitions together.
On July 10, the Appellate Division upheld its Chamber Judge’s stay order, and kept the four petitions stand over (waiting for hearing) for four months. Finally, the apex court held a hearing on the petitions on Thursday.
Khadijatul Kubra, a student of Political Science at Jagannath University, was arrested on August 27, 2022 after police pressed charges against her in two cases filed two years ago.
The Kalabagan and New Market police themselves filed the cases on October 11 and October 19, 2020.
The cases were filed on charges of hosting a Facebook webinar where a guest speaker made ‘contentious’ remarks.
The other accused in both cases was the guest speaker on Khadija's webinar Major (Retd) Delwar Hossain, a retired army officer. He is now absconding.