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
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