The law curtails court’s power, court observes
The High Court on Thursday declared the contempt of court act, which has given protection to journalists and government officials, invalid and unconstitutional saying that the law has curtailed its constitutional power.
The court delivered the verdict after holding hearing on a writ petition challenging the legality of the contempt of court law.
The constitution of the republic has given power to the HC to deal with contempt of court cases against anybody, said Justice Quazi Reza-Ul Hoque and Justice ABM Altaf Hossain while delivering the judgement.
But the sections 4, 5, 6, 7, 9, 10, 11, and 13 (2) of the contempt of court act have made article 108 of the constitution ineffective, they added.
In observation, the court said that the Contempt of Court Act -2013 has given protection to the press and government officials which are discriminatory.
The freedom of press should not be unlimited although it helps the court, the court said.
According to section 4 of the Contempt of Court Act, 2013, innocent publications or distribution are not contempt of court.
On the other hand, section 5 says publication of impartial and authentic report is not contempt of court while section 6 states that bringing allegations against the presiding judge of a subordinate court is not contempt of court.
As per section 7, publications of information on ongoing proceedings (of cases) in a chamber or close-door-room except a few events are not contempt of court.
According to section 9, an contempt of court accused will not be punished for violating this law publishing anything or doing any act which are not considered as punishable offence under the law.
Section 10 states that the allegation of contempt of court cannot be brought against government officials for their failure to implement the court order.
Section 11 says the court can exempt an accused of contempt of court case if he/she can provide satisfactory information in reply to a show cause notice.
Section 13 (2) said that the court can pardon any accused of the contempt of court case if he/she offers unconditional apology before court.
These provisions have curtailed the constitutional power of the High Court and protected a section of people from the charges of contempt of court which are contrary to the constitution, the judges added on Thursday.
The court said that according to the article 108 and 112 of the constitution, the HC possesses inherit power to summon anybody before it for committing contempt of court.
The administration will act in aid of the Supreme Court according to article 112 of the constitution.
But the contempt of court law has curtailed the power of the court adding those eight provisions in these articles, the court said.
The provisions also exempted the government officials from the charges of contempt of court.
According to the provisions of the act, the court cannot summon any government officials before it in a contempt of court case and the contempt of court case against any government official will become ineffective immediately after his/her retirement.
Petitioner’s counsel Manzill Murshid told The Daily Star that High Court will now deal with the contempt of court cases against anybody under the article 108 of the constitution.
He also said that lower court will also conduct the contempt of court cases under the Contempt of Court Act, 1926.
This act has given the lower court power to issue any order against the any accused of the contempt of court cases.
He said the parliament has passed the Contempt of Court Act, 2013 on February 23 amending the law of the 1926.
Supreme Court lawyer advocate Asaduzzaman Siddidqui and advocate Ayesha Khatun filed the writ petition in April challenging the legality of the contempt of court law.
In the petition, they claimed that the eight provisions of the law are against the constitution.
Source: The Daily Star
