Sunday, February 17, 2013

7 Nov 2012: Sajeda contempt hearing

Following on from the previous day hearing in the Mollah case, Advocate Abdul Baset Mojumdar, the lawyer for the Home Minister Sajeda Chowdhury initiated proceedings concerning the application against his client relating to contempt. 

His argument is summarized below
'Today is fixed for explanations. The daily Newspaper “AMAR DESH” made a report against my client that is why Your Lordship issue notice on 27.8.2012 for explanations. I can’t understand in what basis the daily Newspaper “AMAR DESH” made such report and your Lordship made notice under what basis. I make exhibit such Newspaper “AMAR DESH” as an annexure-1 of application page-9. 
Your Honor, if we observe such statement, then we can see that it was not made by her. He reads out such statement which was, Sajeda Chowdhury said, when we go to the public they say there does not need any trial they should be punished. If 2/3 accused will be hanged then everyone will be cool down. Your Honor such expression was the public she disclosed it as a leader. The daily newspaper intentionally malafidely humiliated to her. If you think fit, we can show the original statement. Therefore, it is humbly prayed that claim relief to her from the allegation and eye of the people, where daily newspaper humiliated to her by misleading statement.
Advocate Tazul Islam then made his arguments (summarized below): 

May it pleases your Honor. Your Honor, there is no scope any denial. Digonto TV also s broadcast this. We allow which is quoted by them. “If 2/3 people has not been punished then all are not cool .... We did not fight during war by maintaining law and they did not commit murder rape under law.” Your Honor, her intention is very clear by her expression that trial is not necessary.
My Lord, she is a parliament member how can she said this. She indicating accused shall be killed by hanged. Respondent has different opinion from the daily Newspaper “AMAR DESH” but she could not have flown away. Before the Judgment she says they are criminal. Your Lordship, we know a person is innocent until proved he is guilty. She can’t say this. She interferes with the tribunal. So that your Honor the step shall be taken against her otherwise deep effect to the public by her statement. If it is not permitted then public lose the faith to the tribunal.
Again Advocate Abdul Baset Mojumdar argues:
She says, “When I go to the people then people said” such statement controls the whole thing. My Lord such expression is people’s view, people say. She discloses it as a leader. He reads out some paragraph from the application. In addition to this he gives some reference such as: Prime Minister Sheikh Hasina’s case, AIR 1986, 63 DLR SC.
Your Honor, it is most humbly prayed that, release her from such allegation and to draw attention the original statement.
Again Advocate Tazul Islam read out the whole statement from the newspaper because Mr.Baset avoids some lines, he says. In addition he also gives some case reference. He said, the gist of all references is “Observation shall be given after that disposes the case.” So that Your Honor, there is a prima facie case amounting to contempt of court.

Chairman A.T.M Fazle Kabir states that order will be given on 13th November. 

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