HC declares contempt law ‘unconstitutional’New Age Online
The High Court on Thursday declared ‘illegal’ and ‘ultra vires to the Constitution’ the Contempt of Courts Act 2013.
‘The Contempt of Court Act 2013 enacted on February 23 is hereby declared illegal and have no legal effect,’ said the bench of Justice Quazi Reza-Ul Hoque and Justice ABM Altaf Hossain in its verdict.
The court observed that the act curtails the power of the Supreme Court and gives the protection to a section of government officials and journalists, which is discriminatory to the Article 27, 108, 112 of the Constitution.
The Supreme Court never wishes to be an impediment to the publication of truthful comments or criticisms ‘but the truthful publication must be within the limit of the (Constitutional) periphery.’
‘Total freedom without restriction leads to total chaos,’ said the court.
The Contempt of Court Act 1926 which were repealed after the new enactment, will be retained following the judgement, said Manzill Murshed, the lawyer of the public interest litigation writ petition that had challenged the constitutionality of eight provisions of the Contempt of the Court Act 2013.
In July, the same bench completed hearing in the rule issued on April 3, asking the government to explain the constitutionality of eight provisions.
The bench passed the order after hearing a public interest litigation writ petition filed by lawyers Asaduzzaman Siddiqui and Ayeasha Khatoon challenging the legality of the Section 4, 5, 6, 7, 9, 10, 11 and 13(2) of the Contempt of the Courts Act 2013.
comments powered by Disqus
Communications minister Obaidul Quader said Thursday the next general elections would be held before January 25, 2014 as per the Constitutional obligation... Full story
Police administration is reviewing the law and order situation in the country ahead of Eid-Ul-Azha and Durga Puja in a meeting at the Police Headquarters in the city... Full story
The International Crimes Tribunal-1 on Thursday issued notices to Channel 24 managing director and seven others and wanted to know as to why contempt proceedings would not be initiated against them for making comments in the case of BNP... Full story
The Appellate Division of the Supreme Court on Thursday rejected two petitions filed by condemned convict Jamaat leader Delwar Hossain Sayedee seeking recusal of Justices SK Sinha and AHM Shamsuddin Choudhury from hearing the appeals against his sentence... Full story
Bangladesh Nationalist Party has termed ‘unlawful’ and ‘seditious’ the comments of ruling Awami League presidium member Mohammad Nasim telling the bureaucrats... Full story
Home Minister Mohiuddin Khan Alamgir said anti-democratic forces that were out to thwart the election will face strong resistance... Full story
Former Bangladesh Nationalist Party leader and founder convener of controversial Bangladesh Nationalist Front (BNF) Nazmul Huda on Thursday submitted a letter to the chief election commissioner asking the Commission to not register BNF. Full story
Rapid Action Battalion-5 Thursday detained eight Islami Chhatra Shibir leaders and activists from Malopara area in Rajshahi in connection with seditious activities, RAB officials... Full story
The investigation officer in the war crimes cases against detained Jamaat chief Motiur Rahman Nizami concluded his deposition on Thursday saying Nizami was the Al-Badr chief... Full story
Unidentified assailants shot dead the chairman of Shinghajhuli union of Chaugacha upazila in Jessore district... Full story
Most of the apparel factories in Gazipur and Savar zone have resumed operation amid scattered protests by the workers demanding for a minimum monthly wage of Tk 8,100... Full story
Election commissioner Shah Nawaz said on Thursday that the reported mismatch in the country’s voters’ number might be an outcome of a ‘clerical’ or ‘technical mistake’... Full story
Stakeholders of tourism sector Thursday demanded duty-free facilities while importing tourist vehicles for boosting the untapped but highly potential holiday-making industry... Full story
In two daredevil attacks, one after another, on a police station at Hiranagar in Kathua district of Jammu and a military formation in the adjoining Samba district, bordering Punjab state, militants have killed four policemen and six Army personnel in the morning on Thursday... Full story
As Prime Minister Manmohan Singh arrives in Washington DC on a four-day visit, a Sikh rights group has secured summons against him from a US court in connection with the alleged human rights violations in the counter-insurgency operations in Punjab in the 1990s... Full story
With the eyes of the world upon them, the United States and Iran will Thursday have one of their highest-level meetings since the 1979 revolution as their foreign ministers join talks. Full story
Malala Yousafzai, the Pakistani teen shot by the Taliban for championing girls' education has stood by world leaders at the United Nations and called for books not guns... Full story
Livestock farming makes up 14.5 percent of all human-caused greenhouse gas emissions, the UN food agency said Thursday, proposing solutions like breeding less-flatulent types of cows... Full story