Appellate Division
Md. Nurunnabi Bhuiyan v Md. Abdullah Al Masud Chowdhury and another
Contempt Petition(A) 29/2022 · Decided 4 February 2024
Five petitioners brought contempt petitions alleging deliberate violation of the Appellate Division's judgment of 07.04.2022 in Civil Review Petition Nos. 277-278 and 280-282 of 2019. The Division directed the Secretary, Security Services Division, Ministry of Home Affairs, and the Inspector General of Prisons to appear in person. Their first affidavit-in-compliance showed only partial implementation, and they were directed to implement the order completely. By a further affidavit they stated that the judgment had been implemented in its entirety and that the delay was bona fide, and they offered an unconditional apology. The Court explained that Article 112 of the Constitution requires all authorities to act in aid of the Supreme Court and that both Divisions may punish for contempt under Article 108. It criticised the respondents for sleeping over the decision until contempt proceedings began, but, as they had finally complied and apologised, it exonerated them, with a strong caution to all authorities to comply fully with Supreme Court judgments.
- Q1
Whether the Secretary, Security Services Division and the Inspector General of Prisons should be punished for contempt for failing to implement the Appellate Division's judgment of 07.04.2022 in Civil Review Petitions of 2019.
- Q2
Whether belated full compliance and an unconditional apology justified exoneration.
- Article 112 of the Constitution requires all authorities, executive and judicial, in the Republic to act in aid of the Supreme Court.
- The power to punish for contempt is coextensive between the two Divisions of the Supreme Court under Article 108, and the Appellate Division also has power under Article 103(2)(c).
- Disobedience of a court's order is contempt because it lowers the dignity of the court and undermines public confidence in the justice delivery system.
- Authorities who delay implementing a decision of the highest court until contempt proceedings are begun act in a way that can never be accepted.
- Where the order was finally implemented in full and an unconditional apology tendered, the contemnors were exonerated, with a caution that all authorities must comply with judgments of both Divisions in totality.
However, we strongly caution that in future not only the present contemnor-respondents but also all the authorities, executive and judicial, in the Republic shall be careful to ensure the compliance of the judgment and order of both the Divisions of the Supreme Court in totality.
In the court’s own words.
Contempt Petition(A) 29/2022, as published by the Supreme Court of Bangladesh. 8 pages, with paragraph numbers for citing.
1IN THE SUPREME COURT OF BANGLADESH
APPELLATE DIVISION
PRESENT:
Mr. Justice Obaidul Hassan, Chief Justice
Mr. Justice M. Enayetur Rahim
Mr. Justice Md. Ashfaqul Islam
Mr. Justice Jahangir Hossain
2CONTEMPT PETITION NOS. 29-33 OF 2022
3(From the Judgment and order dated 07.04.2022 passed by this Division in Civil Review Petition Nos. 282, 281,
4278, 277 and 280 of 2019 respectively) Md. Nurunnabi Bhuiyan ….Contempt-petitioner
(In Cont. P. No. 29 of 2022)
5Md. Bazlur Rashid Akhonda ….Contempt-petitioner
(In Cont. P. No. 30 of 2022)
6Iqbal Kabir Chowdhury ….Contempt-petitioner
(In Cont. P. No. 31 of 2022)
7Md. Giasuddin ….Contempt-petitioner
(In Cont. P. No. 32 of 2022)
8Monir Ahmed ….Contempt-petitioner
(In Cont. P. No. 33 of 2022)
9-Versus- Md. Abdullah Al Masud ….Contemnor-Respondents Chowdhury, Secretary, (In all the cases) Security Services Division, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and another For the Petitioners : Mr. Mohammad Ibrahim Khalil, (in all the cases) Advocate instructed by Mr. Md.
Zahirul Islam, Advocate-on-record
10For Respondents : Mr. Md. Shafiqul Islam, Advocate (in all the cases) instructed by Mr. Md. Abdul Hye
Bhuiyan, Advocate-on-record
11Date of Judgment : 04.02.2024
JUDGMENT
12Md. Ashfaqul Islam, J: All these applications are directed for drawing up proceeding for contempt of Court against the Contemnor-respondents for deliberate violation of, and disregard to, the
Judgment and order dated 07.04.2022 passed by this Division in Civil Review Petition Nos. 277-278 and 280-282 of 2019.
13Upon hearing, this Division directed the contemnor-respondent Nos. 1 and 2, Md. Abdullah Al Masud Chowdhury, Secretary, Security Services Division, Ministry of Home Affairs and Brigadier General ASM Anisul Hauqe, Inspector General of Prison, Directorate of Prison to appear in person before this Division on 20.11.2023 to explain their conducts on the issue.
14Pursuant to that order the contemnor-respondents appeared before this Division by filing affidavit-incompliance but it appeared from that the order of this court has been implemented partly. Accordingly, we directed the contemnor-respondents to implement that order completely.
15By submitting another affidavit-in-compliance today it is contended that as per judgment and order dated 07.04.2022 passed by this Division in Civil Review Petition No. 282 of 2019 and subsequent order
of ours, they have implemented the same in its entirety. Delay occurred in respect of compliance of the judgment and order is bonafide and unintentional for which they beg unconditional apology and praying exoneration from the charge of the contempt of court leveled against them.
16Let us first digress how the law of land empowers the Supreme Court to punish somebody on the charge of contempt of court.
17In aid of all its powers given under the Constitution, in order to ensure the authoritative status of the Supreme Court, the Constitution provides in article 112 that all authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court.
18It is generally accepted that for the sake of maintaining proper order and to ensure compliance of the directions given in judgments, the courts have an inherent power to punish any person or authority for contempt.
19The power of contempt of Court is coextensive between the two Divisions of the Supreme Court which can be exercised equally under Article 108 of the Constitution. Article 108 clearly clarifies the above constitutional mandate.
20Notably, Appellate Division has also power under Article 103(2)(C) of the Constitution to impose punishment on a person for contempt of that division. Therefore, general power for both the Divisions has been engrained in Article 108 of the Constitution. There is no ambiguity or lack of clarity on that score.
21In the case of Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh, 2002 22 BLD 534, A.B.M. Khairul Haque, J., as his Lordship was then, observed as follows:
22"The oath of office of the Judges of the Supreme Court requires that they will preserve, protect and defend the Constitution and the laws of Bangladesh. These are not mere ornamental empty words. These glorifying words of oath eulogizes the supremacy of
judiciary. It is by now well settled that if the Government or its functionaries fails to act and perform its duties cast upon them by the laws of this Republic, the High Court Division of the Supreme Court, shall not remain a silent spectator to the inertness on the part of the Government or its officials, rather, in order to vindicate its oath of office can issue, in its discretion, necessary orders and directions, under Article 102 of the Constitution to carry out the intents and purposes of any law to its letter, in the interest of the people of Bangladesh because all powers in the Republic belong to the people, and their exercise on behalf of the people shall be effected only under, and by the authority of the Constitution."
23In a recently passed decision in the case of Mohammad Harun-Or-Rashid vs. Syed Jahangir Alam LEX/BDAD/0094/2023 while convicting and punishing the current Mayor of Dinajpur Pourashava this Division came down heavily on the issue holding that the trivia and tradition of this Court are well
identified and preserved. One should not forget that the hands of the Courts are long enough to catch hold of wrong doers wherever they hide. This is an unfettered and inbuilt right attached to this Court.
24The Supreme Court is one of the pillars of the State machinery and afforded the dignity and respect by everyone, even the high and mighty: and rightly so. Daily thousands of litigants throng before the Courts in search of justice. They believe in and respect the justice delivery system. Without such reverence the judgments delivered would be ineffective and the rule of law would be rendered nugatory. Citizens of the country look to the judiciary for adjudication of their legal disputes with their neighbours as well as for enforcement of their rights enshrined in the Constitution and other laws of the land. However, if the judiciary is to perform its duties and functions effectively, to live up to the expectations of the citizens of the country and remain true to the spirit with which they are sacredly entrusted, the dignity and authority of the
Courts have to be respected and protected by all and at all costs.
25The contempt with which we are concerned in the instant case relates to violation and disobedience of the Court’s order, which in essence means lowering the dignity of the Court or making comments calculated to undermine public confidence in the judges and the justice delivery system.
26It indeed baffles us when we see that the contemnor-respondents after receiving the decision of the highest judiciary of the country slept over the matter without implementing the same. They showed very much reluctance to comply with the order of this Court until initiating contempt proceeding against them. This trend can never be accepted. However, they finally implemented the decision of this Division belatedly and beg unconditional apology and prayed exoneration from the charge of the contempt of court.
27In the light of the above observations, all these petitions are disposed of. The contemnors-respondents are hereby exonerated from the charge of contempt of
court. However, we strongly caution that in future not only the present contemnor-respondents but also all the authorities, executive and judicial, in the Republic shall be careful to ensure the compliance of the judgment and order of both the Divisions of the Supreme Court in totality.
CJ.
J.
J.
J.
J.
28The 04th February,2024 /Ismail,B.O./*5879*
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