The Appellate Division will deliver its verdict on a contempt rule against the editor and executive editor of Daily Janakantha on August 13.
A six-member bench led by Chief Justice Surendra Kumar Sinha set the date after finishing hearing of arguments on the rule yesterday.
The apex court issued the contempt rule on July 29 against Janakantha Editor and Publisher Atiqullah Khan Masud and Executive Editor Swadesh Roy centring an article on the alleged links between war criminal Salauddin Quader Chowdhury’s family and a judge.
The July 16 article published on the Bangla daily said that SQ Chowdhury’s family had met one of the judges dealing with the war criminals appeal. The contempt rule was issued after the apex court upheld the death penalty given by a war crimes tribunal.
Swadesh Roy wrote in that article: “Is this the end of Salauddin Quader Chowdhury, the ruthless killer of 1971? SQ is one of those traitors who had the biggest bath with the blood of innocent Bangalis. The Appellate Division will deliver verdict in this war criminal’s appeal on July 29. Father Mujib! Your daughter is still having to stand with her back pushed to a crucifix.
“If that is not so, then how can the people from Salauddin Quader Chowdhury’s family meet one of the judges hearing the trial? In which way do they reach the judge, is it through ISI or Ulfa or any other way? Does any justice ever meet a member from any of the victims’ families? Does the judge’s ethics allow this?
“Why does the Sheikh Hasina government need to prevent some judges from going on a foreign tour? A tour initiated by the organisation of Jamaat-BNP.”
Attorney General (AG) Mahbubey Alam, who moved for the state side, read out this part of the article during yesterday’s hearing upon a court order.
At one point, the court wanted to know whether the chief justice had been barred from going on a foreign tour. The AG was verbally instructed to inform the court about this matter.
On Sunday, defence lawyer Salauddin Dolon had filed a plea with the court requesting it to reconstitute the bench by excluding the chief justice. That plea however was turned down and the matter was kept for hearing before a bigger bench yesterday for the sake of fairness.
While presenting his arguments, Dolon yesterday said Janakantha had accessed the recording of a telephonic conversation between the chief justice and another justice of the Supreme Court on the then under-trial appeal of SQ Chowdhury.
He also prayed to the court to make Justice Shamsuddin Chowdhury Manik – a member of the seven-strong SC Appellate Division – a witness of the contempt hearing. Justice Manik however was not present during yesterday’s hearing.
In reply, the chief justice (CJ) said: “I admit to the matter [of having the conversation]. So, there is no need of any witnesses.”
Later, after Dolon read out the oath of justices, the CJ told him: “Do you want to say that the CJ has broken the oath? He has no right to stay in the post?”
In reply, Dolon said: “I want to say that this reconstitution of a bench was influenced.”
After yesterday’s hearing, Mahbubey Alam told reporters in his office that the prime minister had never interfered with any judge’s foreign visit.
He also said: “Recording a conversation between two judges is not only contempt of court, it is also punishable under the Information Technology Act. The chief justice holds the authority to reconstitute a bench.”
