Advocate Fazlur Rahman, the BNP candidate for Kishoreganj-4 (Itna–Mithamain–Austagram) constituency, has been summoned by the court over allegations of making contemptuous remarks against the International Crimes tribunal.
Following a hearing on the prosecution’s application on Sunday, 30 November, the two-member International Crimes Tribunal-1, led by Justice Md Golam Mortuza Majumdar, issued the order alongside Justice Md Mohitul Haque Enam Chowdhury.
Furthermore, a show-cause notice has been issued against Fazlur Rahman on the charge of contempt of court. The court has asked to be informed why legal action should not be taken against him for the contempt allegation.
Senior Supreme Court lawyer Advocate Fazlur Rahman has been directed to appear before the court in person on 8 December and explain the allegations brought against him. The tribunal has also instructed him to bring all his academic certificates and the certificate provided by the Bangladesh Bar Council as a lawyer. Prosecutors Mizanul Islam and Gazi MH Tamim were present for the prosecution during the hearing.
Previously, on 26 November, the prosecution filed a contempt of court complaint against Advocate Fazlur Rahman at the tribunal’s Registrar Office. Recently, following the death sentence verdict against Sheikh Hasina for crimes against humanity, Fazlur Rahman made objectionable comments about the tribunal and its verdict during a television talk show. Based on this, the prosecution filed the contempt of court complaint at the tribunal.
During the hearing, the tribunal asked, “Is he a lawyer? Does he have a certificate to practice law? Has he ever been to court?”
Prosecutor Tamim said that the BNP leader tends to exaggerate, adding, “He claims to have been in the legal profession for 44 years. But we have inquired and found that he has been practicing since 1992.”
The ICT responded: “Does he actually practice? If he does, he cannot speak like this.”
At one point, the ICT stated, “Criticism of the law or the verdict is permissible. Criticism of the judge is also permissible. But saying ‘I do not accept this verdict’ is not only contempt of court but also sedition.”
Subsequently, the court issued its order.
Afterwards, Prosecutor Mizanul Islam told journalists, “In our submission to the court, we stated that he is an advocate, a freedom fighter, and holds a responsible position in a political party. He knows the law, yet he is intentionally making contemptuous statements against the court. He said on the talk show, ‘I do not accept this court.’ We believe the manner of expression is sufficient for contempt of court.”
He went on to say, “Secondly, he tried to imply that these proceedings are being conducted through an ‘internal arrangement’. This is not expected from a senior advocate. It is not expected from a responsible citizen of the country. We answered the questions asked by the tribunal before it granted our application and issued a rule on the contempt of court charge.”
On 17 November, International Crimes Tribunal-1 sentenced ousted prime minister Sheikh Hasina and former home minister Asaduzzaman Khan Kamal to death for crimes against humanity. The other accused in the case, state witness former IGP Chowdhury Abdullah Al Mamun, was sentenced to five years in prison.
Following this verdict, on 23 November, during a TV talk show, Fazlur Rahman had said, “I do not accept this court. I do not accept the judgment of this court, I have said it on YouTube, I have said it on talk shows. If I haven’t said it before, if I am saying it now by mistake, I will apologise, I say every day that I do not accept the judgment of this court. The formation process of this court indicates that a fair trial cannot be held.”
