2 BD dailies to contest contempt verdict

Published November 25, 2004

DHAKA, Nov 24: Two Bengali-language dailies - Prothom Alo and Bhorer Kagoj - announced on Wednesday that they would contest a contempt verdict pronounced by the High Court for publicizing the allegedly doctored LL.B. result of a sitting additional judge of the court, Faisal Mahmud Fayezee, despite the court's cautionary remarks that they would face another contempt of court charge for contesting the case.

As the case came up for hearing in the HC bench of Justice M.A. Matin and Justice Abdur Rahman, the court asked the counsel for newspapers, Rokonuddin Mahmud, whether his clients would contest the case. "Yes, we want to contest the case," replied Mahmud without hesitation.

The court asked him sharply: "Do you know that you may face another contempt of court charge for contesting the case?" "Yes, we do, but it will be decided after the hearing of the case."

The court also reminded the counsel: "It is no less than a sedition charge." However, Mahbub Alam, counsel for Saber Hossain Chowdhury, publisher of Bhorer Kagoj, told the court that he was yet to decide, and said: "We need some time to decide whether we will contest or not."

The court said that no more time would be given "considering the gravity of the matter". Mahmud also sought time to reply to the rule and requested the court to fix the date for hearing after the winter vacation of the Supreme Court.

Ajmalul Hossain, counsel for the petitioner, told the court that he had no reservations about granting time to the respondents, but the matter should be heard expeditiously, as it involves the national interest including the image and dignity of the highest judiciary.

The court fixed December 11 for the next hearing of the case. Ajmalul Hossain also submitted a supplementary petition seeking direction of the court that the reporters concerned should name the sources of the reports.

He contended that the newspapers do not enjoy immunity and thus have to divulge the identity of the sources. He submitted that the defendants had taken a high-risk strategy to prolong the case. "They have embarked on high-stake gambling."