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Download PDF The cabinet yesterday approved in principle the much-talked about Contempt of Court Ordinance to clarify the definition of contempt, enhance accountability of judges and reduce chances of future arbitrary rulings.
The council of advisers also approved in principle the long-awaited Anti-Money-Laundering Ordinance, 2008, an ordinance to make the Bangladesh Telegraph and Telephone Board (BTTB) a private company, and an ordinance to establish a public university in Rangpur.
“The contempt of court ordinance has been designed to ensure people’s rights as it will enable the press to hold the courts and judges accountable and it is for everyone’s benefit,” said the Chief Adviser’s Press Secretary Syed Fahim Munaim in a press briefing after the weekly cabinet meeting.
The ordinance, once promulgated after vetting by the law ministry, would replace the Contempt of Court Act 1926.
“Any wilful act, statement or expression through words or signs which is interpreted to violate or undermine a verdict, decree, order, writ or warrant issued by a court will be considered a contempt of court,” Fahim said.
It will also consider any obstruction of justice, slander or libel of a court and personal criticism of a judge while performing judicial functions as contempt of court.
A contempt of court would be punishable by six months’ imprisonment or a Tk 20,000 fine.
The ordinance allows the press to comment and publish “normal” court proceedings and functions or seek disciplinary proceedings against any judge as long as it is done in “good faith” and through “restrained language”.
A judge’s alleged corruption or incompetence and their extra-judicial activities outside their judicial functions can also be reported, according to the ordinance.
A judgement can also be criticised as long as it is “constructive”.
The BNP-led coalition government had placed the Contempt of Court bill before the parliament in May, 2006, which was not passed by the House.
The Anti-Money Laundering Ordinance would enable the government to simplify the process to confiscate and recover assets funnelled out of the country.
Under the rule, the state or the central bank could seek help from countries or agencies to investigate and recover assets through memorandums of understanding (MoU), contracts and conventions with governments or organisations.
This would ensure Bangladeshi court orders to attach or freeze assets would be carried out by the corresponding countries and vice versa. “As a result, recovering smuggled money will become much easier,” the ordinance read.
According to intelligence agency sources, massive amounts of money have been siphoned off overseas which the caretaker government has been trying to recover since it took over last year.
In the absence of an anti-money laundering act, the government could not sign deals to start recovering assets from other countries.
The ordinance allows the Bangladesh Bank to fine courier services, microcredit institutions, NGOs, and share and security brokers, if they violate 17 “predicate offences” comprising the ordinance rules.
“The company in violation, its owners, directors, manager, secretary or other officials and employees will be considered violators of the ordinance,” the draft ordinance reads.
The list of predicate offences in the ordinance includes corruption and bribery, forgery of currencies and documents, extortion, cheating, dealing in illegal arms and drugs, smuggling, abduction for ransom, murder, sexual harassment, smuggling of local and foreign currencies and human trafficking.
Meanwhile, the council has ordered the law and establishment ministries to report back with a final draft of the ordinance to turn BTTB into a private company.
In the ordinance called Bangladesh Telecom Company Limited, 2008, all BTTB assets would be turned over to the new company but the government has not yet decided how many of the staffers would be transferred.
The government is yet to decide on the future of Teletalk and the submarine cable company that work under the supervision of BTTB.
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