Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)
Contempt of Courts Act, 2013 (আদালত অবমাননা আইন, ২০১৩) | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Section 2(6) and 2(8) |
The prayer for unconditional apology is, therefore, refused. The contemnor is found guilty of gross contempt of this Court. Though the contemnor has tendered unconditional apology, this Division is not in a position to take any lenient view in awarding the sentence–– Appellate Division has perused the application filed by the contemnor offering unconditional apology with a prayer for exonerating him from the charge of contempt of this Court. This Division is unable to accept the unconditional apology offered by the contemnor taking into consideration that the contemnor is a sitting Mayor of Dinajpur Purashobha, Dinajpur. The impugned statements/ comments/remarks made by him apparently show that those comments were made intentionally with the object of maligning and undermining the prestige and dignity of a sitting Judge of the Appellate Division and the highest Court of the country. His statement is so derogatory and contemptuous that if he is let off, any person will be emboldened to make similar statements/remarks/comments interfering with the administration of justice and also undermining the authority of this Court in the estimation of the people in general. The prayer for unconditional apology is, therefore, refused. The contemnor is found guilty of gross contempt of this Court. Though the contemnor has tendered unconditional apology, this Division is not in a position to take any lenient view in awarding the sentence. In the light of Appellate Division’s discussions, the matter is disposed of finding the contemnors guilty of gross contempt and accordingly awarding him simple imprisonment for a period of 1(one) month with a fine of Tk.1,00,000.00 (one lac) and directing him to deposit the same to the Gausul Azam BNSB Eye Hospital, Dinajpur, in default to suffer further simple imprisonment for 1(one) week. The contemnor is directed to surrender before the learned Chief Judicial Magistrate, Dinajpur immediately after receiving a copy of this order by the Court of Chief Judicial Magistrate, Dinajpur, failing which the learned Chief Judicial Magistrate shall secure arrest of the contemnor to serve the sentence as imposed by this Court. .....Mohammad Harun-Or-Rashid =VS= Syed Jahangir Alam, (Civil), 2023(2) [15 LM (AD) 390] ....View Full Judgment |
Mohammad Harun-Or-Rashid =VS= Syed Jahangir Alam | 15 LM (AD) 390 |
Section 2(6) |
Civil Contempt: Civil contempt is typically associated with actions that
interfere with the proper functioning of a court or its orders. This can
include:
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Mohammad Harun-Or-Rashid =VS= Syed Jahangir Alam | 15 LM (AD) 390 |
Section 2(8) |
Criminal Contempt: Criminal contempt involves actions that are seen as an
affront to the dignity and authority of the court. It is often more
punitive in nature and can include actions such as:
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Mohammad Harun-Or-Rashid =VS= Syed Jahangir Alam | 15 LM (AD) 390 |
Section 2(3), 2(6), 2(8) |
Contempt of Courts Act, 2013
Section 2(3), 2(6), 2(8)
Code of Criminal Procedure, 1898
Section 561A
Contemnor, Mr. Sohel Rana guilty of gross contempt of Court although
exonerate the contemnor— It is not the case of the appellant that he
misunderstood the order of the High Court Division or there is ambiguity
therein. Because, he did not say a single word that the court’s order was
unclear and ambiguous. —Exonerate the contemnor, Mr. Sohel Rana.
Nevertheless, it is crucial to issue a strong admonition, underscoring the
significance of adhering strictly to directives from the highest court in
the country. It is our expectation that this incident serves as a lesson
for all judicial officers, reaffirming the principle that the authority of
the judiciary must be respected and upheld at all times.
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Sohel Rana =VS= The State | 16 LM (AD) 14 |
Section 2(3), 2(6), 2(8) |
Constitution of Bangladesh, 1972
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Md. Nurunnabi Bhuiyan =VS= Md. Abdullah Al Masud Chowdhury | 16 LM (AD) 80 |
Section 13 |
Facebook Status– We believe that the contemnor will not commit such an
offence again. However, he admits the fact that he has committed the
offence and thus the damage of bringing the Court and the administration of
justice to disrepute has been done. The two items published by the
contemnor in the social media, namely Facebook are a direct affront to the
constitutional authority of the Honourable Chief Justice and the Supreme
Court and had the effect of lowering the dignity of the position of the
Honourable Chief Justice and the Supreme Court. Evidently the contemnor
achieved his intended goal as can be seen by the posts of his followers who
apparently supported his views and applauded his comments.
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Government of Bangladesh =VS= Syed Mamun Mahbub | 9 LM (AD) 674 |