ICT-BD [ICT-21] Miscellaneous Case No. 01 of 2014 Order: 02 December 2014 (a) The applicant is not a party to any of cases before the Tribunal. But he being a member of the public, a human rights activist and a member of the Supreme Court Bar Association felt it as his responsibility to bring the contumacious comments made in the articles by the contemnor into the judicial notice of the Tribunal. The applicant has initiated the matter for upholding administration of justice and ensuring public importance, interest and concern. (b) Freedom of expression is a fundamental right but that does not give someone a free hand to say and to do anything he likes. Under Article 39 of the Constitution of Bangladesh, freedom of thought and conscience is guaranteed subject to reasonable restrictions imposed by law. (c)The purported comments made by the Contemnor in his personal blog in fact intended to attack Tribunal’s authority, jurisdiction and ability which by no manner of application come within the ambit of “fair criticism” nor the same were made on “good faith” or in the “public interest”. (d) Creating controversy on the issue of ‘death figure in 1971’ was made pending case before the Tribunal and it was aimed to cause hurt the emotion and aspiration of the nation to come out from the culture of impunity through lawful trial in a court of law constituted under the Act of 1973. Contemnor did it with ‘malicious intention’. (e) Raising allegation against the Tribunal for making “factual judgment without evidence”, raising allegation of giving “pre-determined judgment”, terming Tribunals’ observation as ‘misleading’ in the case of Abul Kalam Azad @ Bacchu Razakar and raising allegation that the Tribunal repeated a “mantra that has little or no factual basis.” and raising allegation of “giving judgment in a very misleading and defective manner” etc.[as found commented in the two 6