মঙ্গলবার, ২৪ সেপ্টেম্বর, ২০১৩

channel24 ডা. জাফরুল্লাহ চৌধুরী, সাংবাদিক মাহফুজউল্লাহ contempt petition

 স্বনামখ্যাত ডা. জাফরুল্লাহ চৌধুরী, সাংবাদিক মাহফুজউল্লাহ ও চ্যানেল২৪ এর বিরুদ্ধে আজ রাষ্ট্রপক্ষ ট্রাইব্যুনালের রেজিস্ট্রার বরাবর আদালত অবমাননার অভিযোগ দায়ের করেছে। আগামীকাল মামলাটি কোর্টে তোলা হবে। দরখাস্তটি নিম্নরূপ।



IN THE INTERNATIONAL CRIMES TRIBUNAL-1, DHAKA.
ICT – BD MISC. PETITION NO. ....... OF 2013

                                                            IN THE MATTER OF:
A petition for contempt under section 11(4) of the International Crimes (Tribunals) Act, 1973, read with Rule 45 of the International Crimes (Tribunal-1) Rules of Procedure, 2010.
AND
IN THE MATTER OF:
Chief Prosecutor.
                                                ...Petitioner
-Versus-
1. Channel 24, represented by its Managing Director, 387 (South) Tejgaon Industrial Area, Dhaka-1208.
2. Chief Executive Officer (CEO), Channel 24, 387 (South) Tejgaon Industrial Area, Dhaka-1208.
3. Executive Director, Channel 24, 387 (South) Tejgaon Industrial Area, Dhaka-1208.
4. Head of Programme, Channel 24, 387 (South) Tejgaon Industrial Area, Dhaka-1208.
5. Episode Producer, Muktobaak, Episode broadcasted on 18.09.2013 at 11.00 a.m., Channel 24, 387 (South) Tejgaon Industrial Area, Dhaka-1208.
6. Mahmudur Rahman Manna, Anchor, Muktobaak, Channel 24, 387 (South) Tejgaon Industrial Area, Dhaka-1208.
7.         Dr. Zafrullah Chowdhury, Trustee, Board of Trustees, Gonosastho Kendro Trust, Gonosastho Kendra, House 14-E, Road-6, Dhanmondi, Dhaka-1205, Bangladesh.
8.         Mahfuz Ullah, Secretary General, Center for Sustainable Development (CFSD), House – 8/6, (1st Floor), Block-B, Lalmatia, Dhaka – 1207.
                                    ...Opposite Parties
The humble petition on behalf of the Petitioner above named most respectfully:
SHEWETH:
1.         That on 14th August 2013, in the Chief Prosecutor v. Salahuddin Quader Chowdhury, both the Prosecution and the Defence completed their arguments in front of the Hon’ble International Crimes Tribunal No. 1 of Bangladesh and on the same day, the case was declared as Case Awaiting Verdict (hereinafter referred as “CAV”) by this Hon’ble Tribunal and the case is still pending for judgment.
2.         That on 18th September 2013 at 11.00 p.m., opposite party No. 1, a television channel, namely- Channel 24, represented by its Managing Director, its head office being in 387 (South) Tejgaon Industrial Area, Dhaka-1208, Opposite Party No. 2 is its Chief Executive Officer and Opposite Party No. 3 is its Executive Director and Opposite Party No. 4 is its Head of Programmes, broadcasted a television talk-show, namely Muktobaak, which is one of their regular television programmes, and the same was produced by the Opposite Party No. 5 and anchored by Opposite Party No. 6 and on that night, Opposite Party Nos. 7 and 8, a Trustee of Board of Trustees, Gonosastho Kendro Trust, Gonosastho Kendra, House 14-E, Road-6, Dhanmondi, Dhaka-1205, and Secretary General, Center for Sustainable Development (CFSD), House – 8/6, (1st Floor), Block-B, Lalmatia, Dhaka – 1207, respectively, were guest discussants along with another.
The recorded Digital Video Disc (hereinafter referred as ‘DVD’) is annexed herewith and marked as Annexure-A.
3.         That in the said Talk-show Opposite Party No. 7, Dr. Zafrullah Chowdhury, said,
ÒAvR‡K mvjvDwÏb Kv‡`i †PŠayix, Avgiv wPiKvj †R‡b G‡mwQ, GUv Avwg wek¦vmI K‡iwQ, AvR‡K †m ej‡Q, †m bvwK wQ‡jvB bv, †mUv mZ¨, hvB †nvK, †m 4Uv mv¶x B K‡i‡Q,   GKUv †Zv ejjvg Avgv‡`i mvjgvb, Av‡iKRb n‡jb GKRb wmwUs RRmv‡ne, GB nvB‡Kv‡U©i           eZ©gvb RRmv‡ne‡K †m mv¶x †g‡b‡Q Ges Dwb e‡j‡Qb Dwb mv¶x w`‡Z Pvb, Dwb bvwK `iLv¯— w`‡qwQ‡jb, Avgv‡`i †gvRv‡¤§j †nv‡mb mv‡n‡ei Kv‡Q mv¶x †`evi AbygwZ †P‡qwQ‡jb, Zv‡K AbygwZ †`qv nq wb Ges GKRb cªv³b ivóª`~Z w`‡q‡Qb, Dwb ï‡b‡Qb| GB †h wRwblUv Gi d‡j wK n‡e? m‡›`nUv wKš‘ gvby‡li g‡b †_‡KB hv‡e| AvB‡b e‡j G `kRb Avmvgx Lvjvm †c‡q hvK wKš‘ GKRb wbivciva †hb kvw¯— bv cvq|Ó (Today Salahuddin Quader Chowdhury, we have known forever, I believed that as well, he was not here, that is true, whatever, he produced four defence witnesses, one of them was our Salman, another one was a sitting Justice, he [Salahuddin Quader Chowdhury] relied on the testimony of a sitting Justice of the Hon’ble High Court Division and he [the Hon’ble Justice of the High Court Division] was willing to testify, he submitted his application, he sought the permission to our Mr. Mojjammel Hossain but permission was not granted and a former High Commissoner testified and he was heard. What will be the result of this? The doubt will remain within the people. Law says that, let ten accused persons be released, lest an innocent gets punished.]
Later, Opposite Party No. 7 continued to say,
mvjvDwÏb Kv‡`i †PŠayix‡K g‡b-cÖv‡b N„Yv Kwi Avwg, GB †jvK `vex K‡i‡Q †m wQ‡jvbv, †m nvmbvBb bv‡gi GK RR mv‡ne‡K mvÿx †g‡b‡Q, †mB RR mv‡ne‡K †Kb mvÿx †`b bvB, GUv‡K hw` bv †`Iqv nq, Zvn‡j wK wePv‡ii evbx wbf„‡Z Kvu`‡e bv? ... GB wePviK †Kb mvÿx †`‡e bv?Ó (I hate Salah Uddin Quader Chowdhury with all my heart, this person is claiming that he was not here in 1971, he wanted one Justice Hasnain as his defence witness, why this justice was not given permission to appear as a defence witness? If he is not allowed, whether that will not heart the natural justice?)
4.         Subsequently, Opposite Party No. 8, Mahfuz Ullah, said,
ÒAvi Rbve Rvdi Djøvn †PŠayix mv‡ne †h cÖkœ DÌvcb K‡i‡Qb, †mUv nj, Dwb [mvjvnDwÏb Kv‡`i †PŠayix] 4 Rb mvdvB mvÿxi bvg w`‡q‡Qb, †hUv Ab¨‡`i †ÿ‡ÎI MÖnb Kiv n‡q‡Q ïay Zvi [mvjvnDwÏb Kv‡`i †PŠayix] ‡ÿ‡Î mvdvB mvÿx‡`i MÖnb Kiv nqwb| GB Rb¨B Dwb [Rvdi Djøvn †PŠayix] ej‡Qb †h, GB Rb¨B cÖkœ¸wj evievi DÌvwcZ n‡”Q|Ó (And the question that is raised by Dr. Zafrullah Chowdhury is that he [Salahuddin Quader Chowdhury] submitted the names of four defence witnesses, which were allowed in other cases, but not allowed in his case. That is why, he [Dr. Zafrullah Chowdhury] is saying that, these questions are being repeatedly raised.)
5.         That the Opposite Party Nos. 7 and 8, thus, claimed in the said talk-show that such rejection of rights of the accused Salahuddin Quader Chowdhury is bound to create doubt upon all the proceedings of this Hon’ble Tribunal. 
6.         That the petitioner submits that the statement made in the said talk-show is biased, baseless, utterly false and fabricated, ill-motivated, and is not made in good faith. Such statement was made only to scandalize this Hon’ble Tribunal and its process (by exercising its independent judicial functions and also fair trial) and to undermine the confidence of the people in the integrity of this Hon’ble Tribunal and its process.           
7.         That the Petitioner therefore prays, relying upon issues relating to above mentioned statements made in the said talk-show,  that this Hon’ble Tribunal may issue an order of contempt against the above-mentioned opposite parties under section 11(4) of the International Crimes (Tribunals) Act, 1973, read with Rule 45 of the International Crimes (Tribunal-1) Rules of­ Procedure, 2010.
I           Applicable Laws
8.         That section 11(4) of the International Crimes (Tribunals) Act, 1973 states that:
‘A Tribunal may punish any person, who obstructs or abuses its process or disobeys any of its orders or directions, or does anything which tends to prejudice the case of a party before it, or tends to bring it or any of its members into hatred or contempt, or does anything which constitutes contempt of the Tribunal, with simple imprisonment which may extend to one year, or with fine which extent to Taka five thousand, or with both.’
9.         That moreover, Rule 45 of the International Crimes (Tribunal-1) Rules of Procedure, 2010 states that:
‘In pursuance of section 11(4) of the Act, the Tribunal may draw a proceeding against any person who obstructs or abuses the process of the Tribunal, or disobeys any of its order or direction of the Tribunal, or who does anything which tends to prejudice the case of a party before the Tribunal, or tends to bring the Tribunal or any of its members into hatred or contempt, or does anything which constitutes contempt of the Tribunal.’
II.                    PRAYER
10.       Therefore, it is humbly prayed that this Hon’ble Tribunal may kindly:
(a)      Issue a contempt notice stating that why a contempt proceedings should not be initiated against the Opposite Parties in exercise of power of this Hon’ble Tribunal under section 11(4) of the International Crimes (Tribunals) Act, 1973, read with Rule 45 of the International Crimes (Tribunal-1) Rules of­ Procedure, 2010;
(b)     Upon hearing, convict the Opposite Parties under section 11(4) of the International Crimes (Tribunals) Act, 1973, read with Rule 45 of the International Crimes (Tribunal-1) Rules of­ Procedure, 2010 for making, facilitating and broadcasting the alleged comtemptuous statement in the said talk-show on 18.09.2013 at 11.00 pm (Annexure – A) through Opposite Party No. 1’s satellite channel and thereby scandalising this Hon’ble Tribunal by biased, baseless, false and fabricated and mala fide statement (Annexure –A), and as such, have either ‘tended’ to bring this Hon’ble Tribunal into hatred or contempt and/or have ‘done’ an act which constitutes contempt of the Tribunal;
(c)       To stay further broadcasting, circulation or use in any matter or in any other form of the scandalous statement made in the said talk-show dated 18.09.2013 aired on 11.00 p.m. (Annexure-A)
(d)     Upon conviction, sentence the Opposite Parties, with imprisonment of one year and/or adequate fine;
(e)      Issue any other order(s) or direction(s) that this Hon’ble Tribunal deems fit and proper for the interest of justice.

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