The chamber judge, Justice Muhammad Imman Ali, made the decision on Monday after removing the state’s petition to stay the High Court decision from the cause list.
The court told the government to file a petition to appeal the High Court decision, said Shahidul’s representative Barrister Sara Hossain.
Attorney General Mahbubey Alam represented the state at the hearing.
On Sept 5 the High Court ordered the home secretary and the prison authority to grant first-class prisoner privileges to Shahidul Alam.
The state then filed a petition to stay the High Court order on Sunday.
“As the stay petition has been removed from the cause list, the High Court’s decision to grant division is still in effect,” Sara Hossain told the media afterwards.
Police arrested Drik Gallery and Pathshala South Asian Media Institute founder Shahidul Alam on Aug 5 for allegedly spreading rumours during the student road safety protests.
The photographer used social media to inflame and provoke tensions, the government said.
An ICT case was then filed against Alam for spreading ‘provocative and false’ propaganda.