Staff Reporter :The Supreme Court (SC) has convicted two ministers, fining them Tk 50,000 each on charge of contempt of court by making contemptuous remarks about the Chief Justice. A seven-member bench of the Appellate Division of the SC led by Chief Justice SK Sinha on Sunday passed the order after finding Food Minister Quamrul Islam and Liberation War Affairs Minister AKM Mozammel Huq guilty during the hearing on the contempt rule. The apex court also rejected the two ministers’ plea seeking quashing of the contempt charges.According to the court’s order, the two ministers have to pay the fined-money to Islamia Eye Hospital and Liver Foundation of Bangladesh within seven days. Otherwise, they will serve seven days jail sentence. The SC said in its verdict that punishing the two Cabinet members is a warning for all against undermining the judiciary’s dignity. “We, the judges of the top court, have evaluated everything meticulously. The reports (ran by media on the discussion where the ministers’ comments were made) 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 said before announcing the verdict. After the verdict, Attorney General Mahbubey Alam elaborated it. “The message which the Appellate Division wanted to give is that under no circumstances, the judiciary’s dignity can be undermined,” he said. Replying to a question, Mahbubey Alam said that the Cabinet would decide whether Quamrul Islam and Mozammel Huq can hold the office as ministers following the judgement. It is a question of morality, he added. Earlier in the morning, the two ministers appeared in the court to submit their explanations about their controversial comments.On March 20, the same SC bench fixed March 27 for a fresh hearing on the contempt rule after the hearing on its earlier order which asked the ministers to appear in the court on the day with their explanations. On March 14, Quamrul Islam and Mozammel Huq sought unconditional apology for their remarks. On March 8, the Supreme Court issued the contempt rule on the two ministers and asked them to explain their derogatory and highly contemptuous statements and appear before it.During the hearing of arguments on Mir Quasem Ali’s appeal petition on February 23, the Chief Justice purportedly expressed dissatisfaction at the activities of the prosecution and the investigation agency.Commenting that they ministers have lost the rights to remain in the Cabinet, senior lawyer of the Supreme Court and constitution expert Dr Shahdeen Malik said that the ministers do not have the ethical right to remain in their posts, as they have been convicted by the apex court. So, there is no provision to appeal. It is the final verdict. So, they should resign immediately. He said that Quamrul Islam and Mozammel Haque should resign before the Cabinet meeting to be held today (Monday). Senior lawyer and president of the Supreme Court Bar Association (SCBA) Advocate Khandker Mahbub Hossain said that the two ministers should resign for moral reason, as they were found guilty. “If they do not do this, the prime minister should take step to remove them immediately,” he said while briefing journalists at the SCBA auditorium.Advocate Abed Raza, a lawyer of the Supreme Court, said that the ministers must go, as they violated the Constitution. Referring to resignation of former Inspector General of Police (IGP) Shahudul Haque who was convicted of contempt of court in 2004, he said that if the IGP had to go for court’s fine of Tk 2,000, why the two ministers should not go for the same offence? On the other hand, former law minister Barrister Shafique Ahmed told media that there is no legal bar for the ministers holding their posts. According to article 66 (2) (D) of the Constitution, “A person shall be disqualified for election as, or for being, a member of Parliament who has been, on conviction for a criminal offence involving moral turpitude, sentenced to imprisonment for a term of not less than two years, unless a period of five years has elapsed since his release.” Shafique Ahmed said that the two ministers have not been convicted for moral turpitude.Meanwhile, Quamrul Islam and Mozammel Huq refrained from making any reaction. Quamrul Islam, however, said that he would decide whether to file petition for a review of the verdict after discussing with his counsel.Abdul Baset Majumder, who represented the ministers in the court, said that a decision on a review plea would be taken after he speaks with his clients.
