Contempt of Court in Bangladesh

Contempt of Court in Bangladesh 2024: A Comprehensive Analysis

Contempt of Court, a significant legal tool for upholding the authority and dignity of the judiciary, is critical in ensuring proper administration of justice. In Bangladesh, the concept of contempt is not governed by any statutory law, but rather by constitutional provisions and case laws. This article delves deep into the nature, principles, and implications of Contempt of Court in Bangladesh, addressing its legal framework, practical application, and challenges.

What is Contempt of Court in Bangladesh?

Contempt of Court involves any action or inaction that disrespects or undermines the dignity and authority of the court, thereby interfering with the administration of justice. The definition is derived from judicial interpretations rather than statutory definitions.

Judicial Definition

• In Moazzam Husain vs. The State (35 DLR AD 290), Justice Shahabuddin Ahmed observed:

“Contempt of Court has nowhere been defined in statutes. It includes any conduct that brings the authority of the court into disrespect or disregard, or undermines its dignity and prestige.”

• In Mahbubur Rahman Sikder vs. Mojibur Rahman (35 DLR AD 203), Justice Badrul Haider Chowdhury elaborated:

“Civil contempt involves willful disobedience of any judgment, decree, direction, or other court processes. Criminal contempt refers to actions that scandalize or obstruct the court.”

Legal Framework for Contempt of Court

Constitutional Provisions

• Article 108 of the Constitution empowers the Supreme Court of Bangladesh to punish individuals for contempt of itself, ensuring the preservation of judicial integrity.

Absence of Statutory Law

• While most democracies have codified laws on contempt, Bangladesh lacks a statutory framework. The Contempt of Court Act, 1926, which was repealed, has not been replaced with comprehensive legislation. Hence, the judiciary relies on case laws and inherent powers.

Types of Contempt of Court

1. Civil Contempt

• Willful disobedience to court orders or breach of undertakings given to the court.
• Example: Failure to comply with a decree or directive.

1. Criminal Contempt

• Actions that scandalize the court, lower its authority, or obstruct justice.
• Example: Publishing defamatory remarks about a judge.

1. Three Broad Categories

• Scandalization of Court: Making derogatory remarks about the judiciary or a judge.
• Disobedience to Court Orders: Ignoring or defying court directives.
• Interference with Justice: Actions that prejudice a fair trial or impede court proceedings.

Principles from Case Laws

1. Wilful Disobedience

• In Md. Abdul Halim vs. Md. Tareque (63 DLR 465), Justice Md. Ashfaqul Islam highlighted:
  > “Only deliberate and willful disobedience of court orders constitutes contempt.”

1. Quasi-Criminal Nature

• Mainul Hosein vs Sheikh Hasina Wazed (53 DLR 138):
  > “A contempt proceeding is quasi-criminal. The contemner is entitled to the benefit of the doubt, and proof must be beyond reasonable doubt.”

1. Good Faith and Public Interest

• Statements made in good faith or based on accurate facts may not constitute contempt.
  • Abdul Jabbar vs. State (44 DLR 21):
    > “Misreading of a court order, without malice, does not amount to contempt.”

1. Limits of the Press

• Freedom of the press is protected but must not obstruct justice.
  • Saleem Ullah vs. State (44 DLR AD 309):
    > “The press can criticize but must avoid actions that impede fair trials.”

What Does Not Constitute Contempt of Court?

1. Non-Willful Actions

• Unintentional acts or genuine errors without malice.

1. Constructive Criticism

• Fair and constructive criticism of judicial proceedings or inefficiencies.

1. Good Faith Reporting

• Accurate reporting of court proceedings in the public interest.

1. Failure to Execute Declarations

• In Mamtaz Hasan Chowdhury vs. K.M. Haroon (High Court, 2008):
  > “Non-compliance with a declaratory decree, without specific direction, does not constitute contempt.”

Punishment for Contempt of Court

Since there is no statutory law in Bangladesh for contempt, the punishment depends on judicial discretion. Common penalties include:

• Fines: Monetary penalties to deter future violations.
• Imprisonment: In severe cases, simple imprisonment may be imposed.
• Apologies: Courts may accept unconditional apologies in mitigation.

Example: In the National Bank Limited vs. M.R. Trading Company (2019), the contemner was held liable for misrepresentation but was offered leniency upon apology.

Balancing Judicial Authority and Freedom of Expression

1. Freedom of Press

• Article 39 of the Constitution guarantees freedom of the press but imposes reasonable restrictions to ensure fair trials.

1. Judiciary vs. Media

• Excessive media coverage can prejudice trials, but constructive criticism of judicial delays or inefficiencies is encouraged.
• The judiciary must distinguish between legitimate press freedom and contemptuous reporting.

Procedural Aspects

1. Initiation of Proceedings

• Contempt proceedings begin with a petition under Article 108, supported by evidence of the alleged act.

1. Quasi-Criminal Nature

• The contemner enjoys procedural protections similar to those in criminal trials, including the presumption of innocence.

1. Apologies and Mitigation

• Courts may consider apologies to mitigate penalties, provided they are genuine and timely.

Challenges in Contempt Jurisprudence

1. Lack of Statutory Framework

• The absence of comprehensive legislation creates ambiguity and reliance on judicial discretion.

1. Delayed Judicial Reforms

• Modernizing contempt laws to address contemporary challenges, such as digital media, is crucial.

1. Balancing Rights

• Striking a balance between judicial authority and freedom of expression remains a persistent challenge.

Recommendations for Reform

1. Comprehensive Legislation

• Enact a Contempt of Court Act to codify definitions, procedures, and penalties, ensuring clarity and consistency.

1. Digital Media Guidelines

• Develop specific rules to address contemptuous acts on social media and online platforms.

1. Judicial Training

• Regular training for judges on contempt law to ensure uniform application.

1. Public Awareness

• Educate citizens about the importance of respecting judicial authority and the consequences of contempt.

How TRW Law Firm Can Assist

TRW Law Firm in Dhaka specializes in handling contempt of court cases, offering services that include:

• Filing and defending contempt petitions.
• Advising on compliance with court orders to avoid contempt.
• Representing clients in contempt proceedings before the Supreme Court.

Conclusion

Contempt of Court is a powerful judicial tool to maintain the authority and dignity of the judiciary. While Bangladesh lacks a statutory framework, constitutional provisions and case laws provide robust guidance. Ensuring a balance between judicial authority and individual freedoms, including freedom of the press, is essential for a fair and just society. Through modernization and reform, the jurisprudence of contempt can be strengthened to meet contemporary challenges.

TRW Law Firm remains committed to providing exceptional legal representation and guidance in all matters related to Contempt of Court, ensuring justice and respect for judicial processes.