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Home » Politics: Bangladesh » >HC declares new contempt of court ordinance invalid

>HC declares new contempt of court ordinance invalid

>Bangladesh’s High Court (HC) yesterday declared the new contempt of court ordinance invalid, and observed that it undermines the spirit of the constitution and independence of the judiciary. (Full report)
Ruling on a writ petition challenging the legality of some provisions of the Contempt of Court Ordinance 2008, an HC bench comprising Justices ABM Khairul Haque and Md Abu Tariq also observed that the ordinance curtails the magistracy of the Supreme Court (SC).
It said when a new parliament was expected to take over within a few months it was not necessary to promulgate the ordinance replacing the Contempt of Court Act 1926.
According to the submissions made by the attorney general and deputy attorney general, the draft ordinance prepared during a political government does not seem to have been presented before the persons [legislators] who are supposed to have the final say, it continued.
“Instead, the government officials have examined the draft, and so the ordinance carries no legal basis.”
The cabinet on March 2 approved the ordinance and a gazette notification to that effect was issued on May 25.
About implications of the HC decision, barrister M Amir-Ul Islam said the ruling means reinstatement of the Contempt of Court Act 1926.

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Spectator

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