No opinion on subjudice matters, tribunal asks media

During a hearing on the contempt proceeding against British journalist David Bergman yesterday, the International Crimes Tribunal asked media outlets not to publish any opinion on the subjudice issue.

In the morning session, the tribunal 2 said it would pass an order on the media’s role regarding this. After lunch break, the tribunal in its verbal order said every media including those who had already published opinions on the contempt proceedings should restrict themselves to talk on any subjudice matter.

The tribunal mentioned that three newspapers – two English dailies and one Bangla – published such articles. It said the proceedings against Bergman were ongoing and that the matter had not been decided yet. “So the newspapers should take it in their minds.”

The tribunal adjourned the proceedings until June 15 accepting a defence petition.

On April 17, the tribunal decided to start trial of Bergman, who works for an English newspaper, for his write-ups in personal blog that questioned the death figure of the 1971 Liberation War.

Bergman was asked to explain his critics on March 6 in person or by engaging a lawyer. The order was passed two days after a Supreme Court lawyer, Abul Kalam Azad, filed a petition for judicial notice.

In his explanation, Bergman said the alleged “criticisms”were no more than an academic analysis expressed in restrained and sober language and based on review of research studies and articles, and not expressed in sensationalist terms, and may therefore be considered by the court to fall within the limits of fair comment on a judgement.

He also pleaded that the tribunal disposed of the matter upon an acceptance of the explanation.

But the tribunal was not satisfied with his explanation and asked for a reply as to why he would not be held liable for committing contempt of court and punished for his contemptuous comments.

Bergman was present at the packed courtroom during yesterday’s hearing.

The defence submitted the time petition seeking eight-week adjournment as the conducting lawyer, Mustafizur Rahman Khan, had been abroad.

The tribunal gave the defence four weeks and set June 15 for submitting reply on the contempt proceeding.

According to the petitioner, the journalist made the comments in his two blog posts uploaded on November 11, 2011 and January 28, 2013 following the indictment of Jamaat-e-Islami leader Delawar Hossain Sayedee and verdict in the case against Abul Kalam Azad alias Bachchu Razakar.