13 Jan 2013: Order on ETV and ATN

The tribunal passed an order concerning the Sayedee defense applications alleging contempt on the part of two television stations (summary below):

Delwar Hossain Sayedee has filed two applications under section 11(4) of the International Crimes (Tribunal) Act 1973 read with Rule 45 of the Rules of Procedure for drawing up proceeding against Mr. M. Hamid and Sujon Haldar of BTV and Mr. Mashudul Haq of ATN TV channels.

Mr. Tanvir Ahmed Al-Amin, the learned counsel appearing for the applicant submitted that examination of the prosecution and defence witnesses has been completed and the parties have summed up their cases. But BTV reporter on 01.01.2013 reported new report on the Applicant that tends to prejudice the defence case before the Tribunal. The Reporter of ATN also telecasted on 25.12.2012 a Follow Up program on Mr. Delwar Hossain Sayedee alleging that he was Rajakar and committed atrocities in 1971 in Pirojpur.

Mr. Zead Al Malum, the learned prosecutor submitted that it has become a common features to criticise the proceeding of the Tribunal in media. If the Tribunal starts looking into all these matters then the trial will be hampered.

We have given our anxious thought over the matter. The case proceeding against Mr. Delwar Hossain Sayedee is not complete yet. We are to rehear the summing up of the parties. We are inclined to say that the case is still pending with us. No person is supposed to comment on the pending proceeding in the Tribunal. This is sub-judice matter. We therefore direct the respondents to restrain from telecasting any new that may prejudice the parties case before the Tribunal. The contempt petitions are disposed of. Let copies of these orders be sent to the respondents.