Appeal over tribunal’s contempt verdict constitutional: HC

The Constitution allows an individual, guilty of contempt at the International Crimes Tribunal, to appeal and seek ‘complete justice’, the High Court has observed.

Justices Farah Mahbub and Kazi Md Ejarul Haque Akondo on Wednesday disposed a petition by 12 individuals who had expressed concern about journalist David Bergman.

“The court disposed the writ with the observation,” the petitioners’ lawyer Rashna Imam told bdnews24.com.

“It said, a person penalised at the tribunal may move the Supreme Court as per Section 104 of the Constitution.”

Last December, the tribunal handed down punishment to Bergman for blogging ‘irresponsible’ views on sub judice matters.

A statement by 50 citizens, concerned for the British national, was published in a newspaper.

The tribunal, perceiving the statement as ‘criticism of Bangladesh’s justice system’, asked those behind it to explain their action.

Twenty-six of the 50 were let off from contempt charges after they apologised unconditionally, while rights activist Khushi Kabir disowned her association with the statement.

ICT-2 headed by Justice Obaidul Hassan issued a contempt rule against the remaining 23 signatories of the statement on Apr 1.

But 12 among them filed a petition last week challenged the legality of two sections in the International Crimes (Tribunals) Act.

They were Shirin Parvin Akhter, Afsan Chowdhury, Ali Ahmed Ziauddin, Shahidul Alam, Anusheh Anadil, Farida Akhter, Lubna Mariam, Masud Khan, Rehnuma Ahmed, Zafrullah Chouwdhury and Ziaur Rahman. 

The lawyer of the petitioners, Rashna Imam, told bdnews24.com: “If you read the International Crime Tribunal Act’s sections 11 (4) and 21, you will see that even [war criminals] are allowed to appeal but there is no such scope for those found guilty of contempt of court.

“This contradicts section 26, 27, 31 and 39 of the Constitution. The petition is based on that argument.”

The Tribunal Act’s Section 11 (4) details the punishments for sentenced for contempt, while Section 21 specifies who can appeal.

The petition points out that those guilty of contempt have no scope to file an appeal.