ICT-BD [ICT-21] Miscellaneous Case No. 01 of 2014
Order: 02 December 2014
Abul Kalam Azad were misconceived, belittling, unfair and not in the
public interest.
2. Admittedly, David Bergman is a foreign national. By profession he is
a journalist and has been working in Bangladesh. It has not yet been
made transparent, by the contemnor, on what basis he has been here and
working as a journalist. On query, it could be learnt that the contemnor
opposite party has got married to a Bangladeshi citizen and in that
capacity he has been staying here. However, three impugned articles
making criticism on ‘death figure in 1971’, during the war of liberation
and also on observation made in the judgment of ICT-2 on the issue of
holding ‘trial in absentia’ have been circulated in the personal blog
[bangladeshwarcrimes.blogpost.com] of the contemnor. Posting the
alleged articles making criticism in his blog stands admitted.
3. To speak generally, contempt of court may be said to be constituted
by any conduct that tends to bring the authority and administration of
the law into disrespect or disregard. The Tribunal is authorized and
empowered to punish the act of contempt effectively to see whether the
contemnor had a tendency to hinder the normal course of justice or
affect the dignity of the Tribunal.
4. The matter of circulating alleged derogatory criticism by David
Bergman came to notice of the Tribunal when one Abul Kalam Azad,
Advocate came up with an application on 19.2.2014 with a prayer to
initiate contempt proceeding under section 11(4) of the International
Crimes (Tribunals) Act 1973 on the ground that David Bergman, a
journalist by circulating three articles in his personal blog questioning
the ‘death figure in 1971’ during the war of liberation and making
‘unfair’ and ‘scandalous’ post-judgment criticism[Abul Kalam Azad
Case] which was intended lowering Tribunal’s authority by questioning
the performance of its judicial duties.
5. The first article titled 'Sayedee indictment: 1971 deaths’ alleged to
be contemptuous was published on 11 November 2011. The two other
alleged articles titled 'Azad judgement analysis 1: 'in-absentia' trials
2