The Human Rights Support Society (HRSS) on Wednesday expressed concern over the detention and jailing of businesswoman Shathi Akter in Bhaluka, Mymensingh, after she criticised the law and order situation and the government during a Facebook Live session.

In a statement issued by HRSS's Executive Director Ijazul Islam called for an impartial investigation into the legal basis of her arrest and the justification for invoking Section 151 of the Code of Criminal Procedure (CrPC), demanding that the findings be made public.

According to the statement, Shathi went live on Facebook after suffering losses in a theft incident. Following the broadcast, local Bangladesh Nationalist Party (BNP) leaders and activists gathered outside her business, staged a protest and demanded that she be brought to justice.

Police later took her to the police station, arrested her under Section 151 of the CrPC and sent her to jail on a court order.

HRSS said the officer-in-charge of the police station had told the media that Shathi’s video contained nothing against the government and that she had not been arrested over the broadcast. The organisation said the sequence of events and the officer’s remarks had raised questions about the actual grounds for her detention.

The organisation cited Article 39 of the Constitution, which guarantees freedom of expression, and Articles 31, 32 and 33, which provide safeguards concerning the protection of law, personal liberty and arrest. Articles 9 and 19 of the International Covenant on Civil and Political Rights (ICCPR) also protect against arbitrary detention and guarantee freedom of expression, it added.

Section 151 of the CrPC permits preventive arrest in specific circumstances to avert the commission of a cognisable offence. Using the provision solely in response to public discontent or critical remarks is unacceptable, HRSS said.

The organisation said maintaining public order was the responsibility of the police and that restricting a citizen’s liberty under public pressure ran counter to the rule of law.

HRSS called for prompt legal measures to secure Shathi’s bail and release. It also demanded accountability if any irregularities or abuse of power were established, effective measures to prevent similar incidents and protection for Shathi and her family from threats and harassment.

Public safety and freedom of expression are not mutually exclusive, HRSS said, adding that the state had a responsibility to protect citizens from mob pressure and violence while upholding their constitutional rights.