The Appellate Division of the Supreme Court yesterday found the Daily Janakantha editor, Atiqullah Khan Masud, and executive editor, Swadesh Roy, guilty of contempt of court charges for publishing an article regarding Salauddin Quader Chowdhury, who was convicted of war crimes recently.
The apex court directed the concerned authorities to keep the Bangla daily editor and executive editor confined in the courtroom till the time the SC conducted its business. They were fined Tk. 10,000 each or serve seven days in custody in case of default.
According to the order, they will have to pay the fine to a charitable organisation within seven days, failing which they will have to serve seven days in simple imprisonment. A six-member bench of the Appellate Division of the Supreme Court, headed by Chief Justice, Surendra Kumar Sinha, delivered the verdict in a packed courtroom around 10:00 am yesterday.
Five other judges of the bench were Justice Md Abdul Wahhab Miah, Justice Nazmun Ara Sultana, Justice Syed Mahmud Hossain, Justice Muhammad Imman Ali and Justice Hasan Foez Siddique. Following the order, both the editor and the executive editor of the paper remained in the courtroom till 1.15 pm in accordance with the apex court’s judgement.
Later, Attorney General, Mahbubey Alam, urged the media to be more circumspect while writing articles on issues that are sub-judice. “Journalists should refrain from writing articles about cases that are sub-judice in nature,” he said.
In response to query, he said that the apex court handed out the sentences against the editor and the executive editor of the Daily Janakantha exercising its own power. “It’s not necessary to give them a six-month sentence like in the case of Mahmudur Rahman. It’s the court’s jurisdiction to sentence the contemnors,” he noted.
Advocate Salauddin Dolon, counsel for the contemnors, told reporters that they accept the apex court’s verdict. “We abide by the law and we are respectful to the law. We have accepted the verdict,” he added. In its order, the apex court warned the media and its lawyers saying that they cannot write articles or issue statements that can influence the proceedings of cases or scandalise the court and its judges.
“All elements of grave contempt of court are present in the impugned article. Mr. Swadesh Roy, the writer and Mr. Atiqullah Khan Masud (M.A.Khan Masud), editor, printer and publisher of the Daily Janakantha are found guilty of contempt,” the verdict said.
“The contempt proceeding succeeds. Contemnors Mr. Swadesh Roy (author) and Mr. Mohammad Atiqullah Khan Masud (M.A. Khan Masud) are sentenced to confinement till rising of this court, this day and to pay a fine of Tk.10,000 each to be contributed to two charitable organisations within one week from date, failing which, they shall suffer seven days simple imprisonment,” read the copy of the verdict.
After the court order, the editor and the executive editor of the daily had to remain in the courtroom as per the apex court’s directive. More than 50 journalists from the daily also stayed with them in the courtroom. Masud and Roy came out of the courtroom at 1.15 pm after the court concluded its day’s proceedings.
A larger bench on August 10 concluded the hearing on the contempt of court rule against the Daily Janakantha editors.
On July 29, a four-member bench of the apex court led by Chief Justice Sinha issued a suo-motu rule after announcing a verdict that upheld the death penalty of BNP leader, Salauddin Quader Chowdhury, for his role in war crimes and genocide. The court issued the rule against the Daily Janakantha editor and publisher and its executive editor over an article published in the daily on July 15 involving the family of the condemned war criminal. The court asked the editor and the executive editor of the Daily Janakantha to explain why punitive actions should not be taken against them for contempt of court.
During the hearing, the Chief Justice questioned the article and asked the defence counsel, “Who gave you the authority to challenge the authority of this court? How dare you are challenging the authority of this court and who are you to raise the question over the authority of this court?”
In his article, Roy wrote, “Salauddin Quader Chowhudry is a heinous killer. He is among those traitors who bathed most in the blood of innocent Bengalis. His appeal verdict is on July 29. Father Mujib! Here, too, your daughter is being made to stand with her back to a crucifix.”
“If that’s not true, then how did Salauddin Quader Chowdhury’s family have a meeting with those who were judging his case? How did they manage to get to the judges? Was it the ISI or the ULFA? Do judges ever meet the families of the victims? Is it a part of their ethics?” read the article.
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In the contempt case verdict against the Daily Janakantha, the apex court yesterday observed that though Article 39 of the Constitution has given freedom of thought and conscience to the citizens of the… 
Editor : M. Shamsur Rahman
Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.
Editor : M. Shamsur Rahman
Published by the Editor on behalf of Independent Publications Limited at Media Printers, 446/H, Tejgaon I/A, Dhaka-1215.
Editorial, News & Commercial Offices : Beximco Media Complex, 149-150 Tejgaon I/A, Dhaka-1208, Bangladesh. GPO Box No. 934, Dhaka-1000.
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