ICT-BD [ICT-21] Miscellaneous Case No. 01 of 2014
Order: 02 December 2014
21. In Halsbury's Laws of England, 3rd Edition at page 346, it has
been described as:
"Courts of record. Another manner of division is into
Courts of record and Courts not of record. Certain Courts
are expressly declared by statute to be Courts of record. In
the case of Courts not expressly declared to be Courts of
record, the answer to the question whether a Court is a
Court of record seems to depend in general upon whether it
has power to fine or imprison, by statute or otherwise, for
contempt of itself or other substantive offences if it has
such power, it seems that it is a Court of record."
22. Further, according to Jowitt, Dictionary of English Law, a Court of
Record means;
'A Court whereof the acts and judicial proceedings are
enrolled for a perpetual memory and testimony, and which
has power to fine and imprison for contempt of its
authority."
23. What the Statute of 1973 says? Section 11(4) empowers the
Tribunal constituted under this statute as below:
"A Tribunal may punish any person, who obstructs or
abuses its process or disobeys any of its orders or
directions, or does anything which tends to prejudice the
case of a party before it, or tends to bring it or any of its
members into hatred or contempt, or does anything which
constitutes contempt of the Tribunal, with simple
imprisonment which may extend to one year, or with fine
which may extend to Taka five thousand, or with both."
24. Therefore the Tribunal set up under the Act of 1973 is a 'court of
record' and is empowered to punish the contemptuous act.
25. In Morris [Morris V. The Crown Office (1970)1 All ER 1079] Lord
Justice Salmon Spoke:
"The sole purpose of proceedings for contempt is to
give our Courts the power effectively to protect the
rights of the public by ensuring that the
administration of justice shall not be obstructed or
prevented."
26. It is thus quite transparent that the Act of 1973 has made the
Tribunal equipped with the power and jurisdiction of punishing for the
offence of contempt, to protect the administration of justice from
obstruction of any kind. Understandably a duty of protecting the interest
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