Contempt of
Courts Act, 2013 (আদালত অবমাননা আইন, ২০১৩)
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]
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:
Disobeying
Court Orders: When a person or entity fails to comply with a court order, they
may be found in contempt. This could involve ignoring injunctions, restraining
orders, or other directives issued by the court.
Disrupting
Court Proceedings: Actions that disrupt the proceedings of the court, such as
disrespectful behavior, refusing to testify, or interfering with the administration
of justice, can lead to charges of civil contempt.
Refusing to Pay
a Court-Ordered Debt: If an individual refuses to pay a monetary judgment as
ordered by the court, they could be held in contempt until compliance.
.....Mohammad Harun-Or-Rashid =VS= Syed Jahangir Alam, (Civil), 2023(2) [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:
Open
Disobedience: Engaging in actions that openly defy the authority of the court,
such as shouting insults at the judge, making false statements under oath, or
physically threatening court personnel.
Contemptuous
Publications: Publishing materials or statements that tend to bring the court
into disrepute or undermine public confidence in the judicial system. This can
include slanderous or scandalous comments about judges, parties, or the court
itself.
Failure to
Appear: Refusing to appear in court when summoned, often seen as a direct
challenge to the court's authority. .....Mohammad Harun-Or-Rashid =VS= Syed
Jahangir Alam, (Civil), 2023(2) [15 LM (AD) 390]
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.
At the time of
issuing notice upon the contemnor on 12.08.2020,he was directed not to appear
before any Bench of the Supreme Court from that date until his appearance in
court on 20.08.20. He has thus suffered the inability to exercise his privilege
of appearing before the Supreme Court for nine days.
We find that the contemnor has admitted his guilt. However, in view of his apology and assurance that he will never commit such offence again, and the fact that he has refrained from appearing before any Bench of the Supreme Court as ordered by this Court, we are not inclined to take the matter any further. This contempt proceeding is disposed of. ...Government of Bangladesh =VS= Syed Mamun Mahbub, (Civil), 2020 [9 LM (AD) 674]
