The Appellate Division of the Supreme Court exempted Prothom Alo Editor Motiur Rahman and Joint Editor Mizanur Rahman Khan from contempt of court charges.
The eight-member bench headed by Chief Justice M Muzammel Hossain passed the order yesterday after the duo apologised unconditionally.
Senior lawyers Dr Kamal Hossain and M Amir-Ul Islam moved for the duo while Attorney General Mahbubey Alam for the state.
The Appellate Division set at 9:15am in presence of Motiur and Mizanur. The newspaper published an article on December 15 titled “Selection of the Chief Justice” written by its Joint Editor Mizanur. The writer said the incumbent chief justice was set to retire on January 16. But there was little discussion on the procedure of appointment.
Mentioning that the duo would apologise, the counsels said before that they had something to say on the matter. They also submitted a written document seeking apology.
But rejecting their written submission, the court said either the editors would have to apologise or contest the matter. “It’s a long-standing practice on contempt matters.”
The counsels argued that a contemnor could apologise any time before the implementation of punishment, according to the supreme court rules.
Giving them time, the court asked Dr Kamal to discuss the matter with his clients and left the room at 9:37am.
At 10:45am when the court set again, Dr Kamal sought unconditional apology in favour of the editors and placed a fresh written submission regarding the matter.
At one point of the hearing, Justice AHM Shamsuddin Choudhury and Dr Kamal exchanged heated words.
Pointing at Justice Shamsuddin, Dr Kamal said: “We learnt something [earlier]. [But now] we are hearing something else from that corner.”
The judge then said: “Mr Kamal, don’t say ‘that corner.’ It’s court. Show respect.”
Dr Kamal replied in a louder voice: “From that corner, with due respect, my Lordship.”
Justice Shamsuddin said: “If you go through all the relevant decisions all over the world, you will see how wrong you are.” The defence counsel said: “I read all the decisions...You know nothing. I am addressing the chief justice.”
After few moments, the chief justice said: “If someone writes about the court, he has to do it from a responsible stand by knowing and understanding the whole thing.”
Dr Kamal Hossain then said: “So you are not telling to stop writing.”
The chief justice replied: “No. First you have to know and learn. Then you can write.” Justice Md Abdul Wahhab Miah said: “We did not issue a contempt rule on the whole write-up. We marked few sentences which tarnishes the image of the judiciary. You have to uphold the majesty of the court.”
Justice Surendra Kumar Sinha said: “...so that it does not undermine the institution.”
The chief justice said: “...you should write very carefully.
“Previously lawyers and members of the BAR did court reporting. But now when the reporters write about the court...for example, this or that order was given, they have to write after understanding the matter.”
Then the judges left the courtroom without making any further comment or issuing any order.
