ICT-BD [ICT-21] Miscellaneous Case No. 01 of 2014 Order: 02 December 2014 proceeding has been started eventually. The application is therefore quite maintainable. Now, we are to examine and see whether these articles contain any ‘comment’ indicating contemnor’s malicious intent to derogate and disparage Tribunals’ authority, dignity and institutional image. V. Deliberation and Finding on the Alleged Articles (1) The Article titled “Sayedee indictement-1971 deaths” [First Article in question] [Death Figure in 1971] 35. The first article circulated on 11.11.2011 in his blog questions the ‘death figure in 1971’. The contemnor made this issue controversial when all the cases were pending before the Tribunals. It is true that the contemnor did not opt to make any opinion of his own on this issue in his article. He, as it appears, attempted to portray various conflicting information, citing sources, in respect of ‘death figure in 1971’ that creates a grave confusion on a subjudice issue. Despite all those differing information it is now settled to the nation that 3 millions of people laid their lives for the cause of our independence. 36. It is generally considered inappropriate to make a criticism public on an issue subjudice and such criticism leads to contempt of court. This is mostly true in criminal cases, where publicly discussing subjudice matter may constitute interference with due process. 37. However, it is well settled that a person is not debarred in initiating a discussion on a matter which may fairly be regarded as one of ‘public interest’, by reason merely of the fact that the matter in question becomes the subject of litigation. But in the case in hand, the criticism made on ‘death figure in 1971’ does not seem to have been made as one of ‘public interest’. Rather it has shaken and demeaned the emotion of the nation. 38. It is claimed that the contemnor has been working on war of liberation of Bangladesh since last couple of years. Hundreds of articles of his own have been posted in his blog on atrocities committed in 1971 and trial procedure in the ICT. We appreciate his efforts. But why did he not prefer to initiate any research of his own on this issue earlier by 11

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