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

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