Staff Reporter :
Five out of the six High Court appointed amici curiae (friends of the court) opined that the writ petition that sought court directives to ban broadcasting of Qatar-based television channel Al-Jazeera in Bangladesh is not maintainable.
Supreme Court lawyers-AJ Mohammad Ali, Fida M Kamal, Kamal Ul Alam, Probir Neogi and Shahdeen Malik gave similar opinionon the issue in the HC.
The lawyers said the petitioner has to show that he is aggrieved by the government action or inaction taken over the issue and he has to show that the executive is failing either performing its duty required by the law.
But the present writ petition doesn’t submit sufficient materials for the court’s satisfaction to admit it and the petitioner could not show that how he is aggrieved.
Other amicus curiae, Abdul Matin Khasru, argued that the petitioner has the ground to be aggrieved by the inaction of the respondents and he has the constitutional right to enjoy the protection of law over the issue.
Advocate AJ Mohammad Ali said that broadcasting of the Al-Jazeera should not be banned in Bangladesh. “Our constitution has guaranteed the rights of every citizen to freedom of speech and expression and freedom of the press”, the lawyer said. directives to ban broadcasting of Al-Jazeera in the country and to remove the contents of the report all social media, including Facebook, YouTube, and Twitter, my answer would be negative.”
Advocate Abdul Matin Khasru said, “It is apparent that the petitioner is personally aggrieved for the failure of the respondents.
It is important for the court to understand that the relevance and importance of the Article 31 and 44 of the Constitution has empowered the petitioner the right to enjoy the protection of law and ensure the fundamental rights.”
The lawyer also said, “The purpose of upholding the fundamental rights of the petitioner and principles of the constitution the court may be requested to pass an order to direct the relevant respondents to remove or delete the video documentary as well as all over corresponding news articles related to this from electronic and digital media. If not, they will continue to publish more reports.”
Dr Shahdeen Malik said that he is in tuned with what have been said by the most of the lawyers including AJ Mohammad Ali.
Following a writ petition the HC on February 10 this year appointed six amici curiae (friends of the court) for expert opinions over the subject matter of the writ petition filed seeking court directives to ban broadcasting of Al-Jazeera in Bangladesh.
The HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah passed the order after holding primary hearing on a petition filed in this regard.
Complying with the court order the lawyers gave their opinion yesterday. The court will hear the state counsels on Wednesday over the issue and then it will pass order.
Supreme Court lawyer M Enamul Kabir Emon filed the writ February 8 seeking HC directives upon the authorities concerned to ban broadcasting of Al-Jazeera in the country and to remove the contents of a report titled “All the Prime Minister’s Men” from all social media, including Facebook, YouTube, and Twitter.
Al-Jazeera broadcasted the report on February 1 this year. But the government dismissed the report calling it “false and defamatory” and a desperate “smear campaign” instigated by extremists and their allies, working in London and elsewhere.
