ICT contempt provision challenged
A writ petition has been lodged with the High Court challenging the constitutionality of a provision of the International Crimes (Tribunal) Act, 1973 that empowered tribunals to try and punish offenders for contempt of court.
Twelve eminent personalities, who face contempt of court charge before the International Crimes Tribunal-2, filed the petition on April 22 also challenging the legality of another provision of the law that deals with the appeal against any conviction.
In the petition, they prayed to the HC for staying the contempt proceedings against them.
Yesterday, the HC bench of Justice Farah Mahbub and Justice Kazi Md Ejarul Haque Akond concluded the hearing on the petition, and fixed Wednesday (tomorrow) for passing the order on it, Deputy Attorney General Amatul Karim Swapna told The Daily Star.
Petitioners' counsel Rashna Imam said her clients challenged sections 11 (4) and 21 of the ICT act, citing that both the prosecution and defence can move appeals with the Supreme Court against any conviction by a tribunal for committing crimes against humanity.
But these sections do not provide any person with a right to move an appeal against the tribunal's conviction of contempt, and therefore the sections are “discriminatory, arbitrary and irrational” since they have “violated” the constitutional right to get equal protection of law, the counsel added.
The 12 petitioners include CR Abrar, Shireen Huq, Shahidul Alam, Lubna Marium and Anusheh Anadil.
The ICT-2 had issued contempt of court notice against the petitioners and several others for issuing a statement criticising the conviction of Dhaka-based British journalist David Bergman.
On December 2 last year, the tribunal found Bergman, editor (special reports) of The New Age, guilty of contempt for two of his blogs on the verdict of Abul Kalam Azad, also known as Bachchu Razakar.
He was sentenced to imprisonment “till the rising of the court” that day and fined Tk 5,000.
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