M. Jashim Ali Chowdhury*
Published in: The Chittagong University Journal of Law Vol. XVII, 2012 (p.24- 51)
The full text of the article is available at:
Abstract
The seriousness
and frequency in the recent attention of the Supreme Court of Bangladesh on its
Contempt Jurisdiction has drawn a substantial public gaze. Here, the overall
instability in the body politic over contentious constitutional and political
issues has not left the judiciary untouched. Faced with the problems of
choosing between what is right and what is easy, the highest judiciary of
Bangladesh had unavoidably and unintentionally to be engaged in a bit of
political discourse and hence became subject to both bona fide criticisms
and motivated attacks from the vested quarters. Therefore, on many a occasion
the Supreme Court ventured the path of punishing its contempt and paved the way
for a heated debate on this.
The
problems that the age old Contempt Act 1926 poses today are primarily two-fold.
Firstly, this Act leaving an undefined offence of contempt with a maximum but
nominal punishment creates an unwelcome vacuum, uncertainty and inadequacy in
contempt jurisprudence. Secondly, the reactionary approach of ‘enforcing’
obedience through contempt power taken by the colonial judges has had a subtle
but permanent impression in the mind set-up of the present day courts and
judges. While the rest her South Asian neighbors have introduced important
changes in contempt laws, the Bangladeshi jurisprudence on the Contempt of
Court unfortunately still lives in the era of 1926. Though a Bill on Contempt
of Court was tabled in the Parliament in 2006 it was not ultimately passed. A
2008 Ordinance made by the Military backed Caretaker Government was rejected
outright by the Supreme Court. Therefore, we need a ‘Law’ capable of handling
the problems of the 21st century with an approach suitable to the
genius of the time.
In this
paper I would present a short picture of the existing judge made, statutory and
subordinate laws relating to contempt of courts in Bangladesh. The possible
roadblocks that the High Court Division has put through The Contempt of Court Ordinance Case of 2008 on the way to the
proposed rejuvenation are also addressed. Thereafter attention is paid to the
emerging trends of contempt laws of Britain and also of our neighboring South
Asian Countries. Thereafter I shall try to chalk out the guiding principles of
the proposed Contempt Law for Bangladesh.
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