IN a landmark verdict the Supreme Court (SC) has convicted two ministers for contempt of court and fined them Tk 50,000 each for making highly contemptuous remarks in a subjudice matter in February this year. The two ministers — Food Minister Quamrul Islam and Liberation War Minister Muzammel Haque — have been asked to pay the fine and failing which they will have to serve 7 days imprisonment, the eight-member full bench of the Appellate Division said on Sunday. Many believe the two ministers are guilty of influencing a pending trial; they have also broken the oath of office to protect and preserve the Constitution by not respecting the independence of the judiciary. Not showing respect for the highest court is not just contempt of court for a minister, because he is oath bound to protect the constitutional position of the Supreme Court. This view will not be wrong to say that when a minister defiantly speak publicly about a pending case with the clear intention of dictating the trial process such contempt of court is certainly more than an act of contempt of court. Announcing the verdict, Chief Justice Surendra Kumar Sinha said “We, the judges of the top court, have evaluated everything meticulously. The reports (in the media) stated many other names. We did not draw proceedings against everyone. The contempt proceeding against the ministers has been done to send a message.” The Chief Justice has made it clear that by their judgement in the matter they want to send a message to all, that the judiciary is not weak or helpless and can be very strong when called for. The Chief Justice allowed indirectly the ministers an opportunity to correct themselves. He expected them to beg unconditional apology calling a press conference and express regret. But they remained indifferent. The verdict came in an epoch-making decision by all the judges of the Supreme Court in which the court felt compelled to preserve its responsibility of maintaining the high dignity of the highest court and show the redline for men and women bound by the constitutional oath. They must take their oath seriously and uphold their allegiance to the state and must not undermine the Constitution. However powerful one may be in the government, the Constitution is above them.
