ICT-BD [ICT-21] Miscellaneous Case No. 01 of 2014
Order: 02 December 2014
of the public in the due administration of justice has been so cast on the
Tribunal under section 11(4) of the Act of 1973.
(ii) Locus standi in brining the application
27. First, act or conduct of an individual if constitutes despicable and
derogatory to the authority and dignity of court of law can be brought to
notice of it. The Act of 1973 does not provide time frame as to bringing
any such act or conduct to notice of the Tribunal. One’s personal blog is
not accessible to all. The people and regular readers are familiar with
the daily news papers. They are not supposed to be acquainted with the
blog of the contemnor. Only the people adapted with internet use and
familiarized with contemnor’s personal blog may have access to the
articles posted in that blog.
28. Second, the applicant became aware of the articles by browsing
contemnor’s blog. It is not correct to say that on the very date the
articles were posted in the blog the applicant should have gone through
these, by browsing the blog. The applicant moved before this Tribunal
when he discovered the articles in the personal blog of the contemnor.
This reason justifies the ‘time gap’ in between posting of alleged articles
in the blog and initiating the application before this Tribunal. It however
in no way creates any clog in entertaining the application.
29. Third, this Tribunal taking cognizance of the application directed
the opposite party [contemnor] to explain his conduct. On being noticed
the opposite party [contemnor] submitted written explanation justifying
his act and conduct that has been replicated in his articles. Considering
the explanation unsatisfactory this Tribunal eventually ordered drawing
contempt proceeding. Now, it is irrelevant to say that the application has
been brought by a third party, neither the prosecution nor the defence of
either case.
30. It is to be noted that ‘coming notice of the Tribunal’ about any
contemptible act or conduct of an individual may happen in various
modes. Even the Tribunal is empowered to take any such act or conduct
into its notice suo moto. Not necessarily only the prosecution or defence
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