27 Aug 2012: Sajeda contempt application

After dealing with a review order application, the court then dealt, with an application filed by Mollah's lawyers, with an alleged contempt of the deputy speaker of parliament came up for argument.

The application made by the lawyer stated (in part) as follows

l. That this apprication has been fired under section 11(4) of the International crimes (Tribunals) Act l973 read with Rule 45 of the International crimes Tribunal Rules of procedure 2010 for drawing up contempt proceedings against the contemnor-Respondent. The contemnor Respondent has made a number of statements on 27 Jury 2012 which constitute contempt of this Hon,ble Tribunal.

2. That the petitioner in this application is Abdur Quader Moilah, who is the accused in the ICT BD case. He is also a leader of the Bangladesh Jamaat-e-Islami, which is a political opponent of the present ruling party. This Hon'ble Tribunal is currently in the process of recording the evidence of the Prosecution witnesses in ICT BD case No. 2 of 2012 . The statements of 5 prosecution witnesses have arready been recorded. The humble petition on behalf of the Petitioner above named most respectfully _

3. That the contemnor respondent No.2 is Deputy Leader of the parliament. She is a senior member of the current ruling party.

4. That on 27th July 20!2, the Contemnor-Respondent attended the 9th anniversary of the founding of the Bangladesh Awami Shecchashebak League at the Engineers Institute, Dhaka as Chief Guest, where she said that a couple of alleged war criminals should be hanged in order to prevent them from taking advantage of the legal process. She also said that Razakars did not follow any law when committing acts of torture in 1971, and that therefore there was no need for compliance with any laws in the trial process. The news of the aforesaid meeting was reported in several newspapers, including the Daily Amar Desh (on 28.07.2012) 

5. That the aforesaid statements have been made by a senior member of the ruling political party and the Deputy Leader of Parliament when this Hon'ble Tribunalis proceeding with the trial of the instant petitioner. It is stated that while the instant case is sub judice before this Hon,ble Tribunal, such statements purporting to dictate the Tribunal as to the manner in which the Accused Petitioner should be dealt with, amount to a clear and direct interference with the administration of justice. Furthermore, such statements have been made with a view to prejudicing the case of the Petitioner pending before the Hon'ble Tribunal thereby obstructing the course of justice. As such, the contemnor Respondent is liable to be proceeded against under section I I (4) of the Act read with Rule 45 of the Rules.

Justice A.T.M. Fazle Kabir passed the following order:

This is an application under section l1(4) ofthe Act of 1973 filed by accused Abdul Kader Molla for drawing contempt proceeding against Begum Sajeda Chowdhury, the Deputy Leader of the House, Bangladesh Parliament on the grounds stated therein.

Heard the learned counsel appearing for the applicant. Seen and perused the application. Considering the nature of the application and contentions brought therein, we consider it appropriate to hear and dispose of the matter on having explanation from the end of the respondent.

Therefore, Begum Sajeda Chowdhury, the Deputy Leader of the House, Bangladesh Parliament is asked to submit an explanation and reply against the contentions brought in the application, if any, by 10.09.2012 through her lawyer. At this stage, however, her personal appearance is dispensed with.

The tribunal then moved on to dealing with witness testimony.