Ministers Qamrul, Mozammel violated oath to uphold Constitution, Supreme Court says

The two Cabinet ministers, guilty of contempt for the remarks over appeal hearing of a war crimes convict, have violated their oath to uphold the Constitution, says the Supreme Court.

On Mar 27, an eight-strong appeals bench led by Chief Justice Surendra Kumar Sinha rejected the pleas by Food Minister Md Qamrul Islam and Liberation War Affairs Minister AKM Mozammel Huq for quashing contempt charges.

They had offered unreserved apologies but the top convicted them.

The Appellate Division on Thursday published the full verdict, where it said, “The respondents thus neglected their sworn duty to protect the rule of law enshrined in the Constitution.

"They have acted in violation of law and are in breach of their oath of office to preserve, protect and defend the Constitution.”

The verdict, by a majority decision, has been written by Justice Md Imman Ali and Justice Hasan Foez Siddique.

Four other judges—justices Sinha, Md Abdul Wahhab Miah, Nazmun Ara Sultana and Mirza Hussain Haider—agreed with Justice Ali’s judgment, which says the ministers violated their oath of office.

Justices Syed Mahmud Hossain and Md Nizamul Huq sided with Justice Siddique, who said in his judgment, that he agrees that the ministers were guilty of contempt, but do not think they are in breach of their oath to office.

Since the majority of the judges agreed with Justice Ali, his judgment is being considered as the Appellate Division's decision.

'Contemnors deserve no sympathy'

The verdict says the ministers' remarks indicated their intent to remove the chief justice from the bench that heard war crimes convict Mir Quasem Ali's appeal.

"…the contemnors have clearly shown their wish to remove the Chief Justice from the Bench hearing the appeal in question.

"Their further utterance that they must have their expected judgement shows their utter indifference to the authority of the Supreme Court to act independently. It also shows their utter disregard for the rule of law." it reads.

The Appellate Division judges said it occurred to them that the ministers by their remarks wanted to 'dictate' the court.

"The Constitution gives the Supreme Court authority to deliver judgements in accordance with law, but the respondents wished to dictate what decision should be announced by the Supreme Court for it to be acceptable to them."

The court said it was clear from their remarks that they were in breach of their oath to office as ministers.

"We have come to a clear finding that the respondents before us have acted in violation of law which is a violation of the Constitution and they are consequently in breach of their oath of office to preserve, protect and defend the Constitution."

The Supreme Court said it found the remarks as 'gross criminal contempt'.

"The respondents have scandalized the Supreme Court in a highly motivated manner in order to influence the judgement of the Court. This is gross criminal contempt and a violation of the provisions of the Constitution. The contemnors deserve no sympathy."

Disagreement

Justice Hasan Foez Siddique said in the judgment he had no doubt that the ministers were guilty of contempt, but disagreed on the violation of oath.

“There can, therefore, be no question of disagreement with my learned brother as to the findings of guilt of the contemners and sentence awarded.

"But I am unable to agree with the portion that the contemners are in breach of their oath of office to preserve, protect and defend the Constitution.”

He said the issue of whether the ministers had violated their oath was not this case's concern and that no notice was issued in this regard to them.

"I am of the view, that our point for consideration is whether by making utterances, published in the newspapers, the contemner-respondents have committed any contempt of this Court or not," Justice Siddique wrote.

The top court had convicted the minister for contempt and fined them by Tk 50,000 each. They were ordered to pay the amount to the Islamia Eye Hospital and the Liver Foundation of Bangladesh by seven days, with which they complied.

Remaining a minister after conviction?

After the top court found ministers Qamrul and Mozammel guilty in March this year, the BNP called for their resignations.

Attorney General Mahbubey Alam had said then it was the government's call, but described it as a 'moral' issue.

He, however, declined comment on the matter on Thursday.

Awami League leader Suranjit Sengupta, who heads the Parliamentary Standing Committee on the Ministry of Law, Justice and Parliamentary Affairs, said, "This is for them (the ministers) to say. They have taken an oath and now they have to take a step further to clear it."

No comments were available from Qamrul and Mozammel on Thursday.