High Court asks why convict data has not been digitalised

The High Court has issued a rule asking why an order should not be issued to create an open digital database of information on convicts in criminal cases.

A High Court bench comprising Justice Ahmed Sohel and Justice Fatema Anwar issued the rule on Sunday.

The petition was filed in the public interest by Barrister Fahmida Akhter. She represented the petition in court herself.

The petition highlighted issues concerning the security of citizens and the rights to life, personal liberty, and protection under the law as enshrined in the Constitution.

The court asked the home secretary, law secretary, information and technology secretary, BTRC chairman, Posts and Telecommunications secretary and other respondents to reply to the rule within the next four weeks.

The rule asks why a legal and effective digital database should not be created by linking the information of those convicted of any criminal offence, including under Penal Code 1860, the Anti-Corruption Commission Act 2004, the Dowry Prohibition Act 2018 and the Women and Children's Repression Prevention Act 2000, with their national identity cards (NIDs).

Barrister Fahmida told bdnews24.com, "No one in the world is born a criminal. Just as good people are created by their social situations, system and context, many criminals are also created in the same way."

Highlighting the need for the database to reduce the increasing crime rate in the country, she said: "Since the records of convicted defendants will be publicly available, this information will no longer be confidential. Due to this, criminals will reconsider for fear of social criticism and isolation from society, and the number of crimes will also decrease."

Referring to what she said was a lack of preventive measures, Fahmida added: "We have many laws in our country. There are strict punishments after the crime is committed. But there are no preventive measures. We do not have any verification process to check the background of someone before we hire them or establish a relationship with them."

The lawyer also believes that citizens' constitutional rights will be upheld if this online database is implemented.