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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 190
May 21, 2005

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Law Opinion

Law of contempt needs amendment

Justice Mohammad Gholam Rabbani

The contempt of Court Act is a brief law. It does not tell us what constitutes contempt of court. In the case of MH Khondoker (a late well-known civil lawyer of our time), Pakistan Supreme Court laid down the rule thus: "Truth and justification are not valid defence to a charge of contempt of judge of superior court where the contempt consists in scandalising the judge or attacking his impartiality." This judgement is reported in 18 DLR (SC) 124 and its quoted sentence is at page 149. This ruling is still holding the field.

After reading that judgement recently for the second time, I have noticed that one very important aspect of the problem escaped the notice of the learned judges. It may for the reason that the problem was not acutely felt at that time as is now felt. It is true that the judicial system needs extra-ordinary protection, but equally true is that the system itself exists upon the confidence of the people and the character, reputation as well as the behaviour of a judge is the shield against any wrong behaviour or scandal. A perfect judge does not need a contempt of Court Act. But this does not mean that the society is consists of only perfect persons.

Therefore it is high time that the small contempt of Court Act should be amended so as to make truth and justification always a valid defence to the charge of contempt against any citizen and to provide exemplary and deterrent punishments for reckless false allegation against a judge.

The author is Retired Judge, Appellate Division, Supreme Court.

 
 
 


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