BD Law Reports(BLR) Online Legal Sources of Higher Court Decisions

Contempt of Court the Word and Phrases are required in the Trial Courts

Contempt of Court the Word and Phrases are are required in the Trial Courts – The Editor of a newspaper is responsible for deciding what materials will be published. To that extent whatever is ultimately printed is according to the decision of the editor.The Editor can not escape the responsibility of scrutinizing materials published in any newspaper. Thus in case of Contempt of Court occurred or If he allows publication of contemptuous reports,then he is equally liable on contempt of court- Ekramul Haque Bulbul vs Md Faiz (CriminaL) 67 DLR (AD) (2015) 208

When allegation and imputation are brought against a Judge

When allegation and imputation are brought against a Judge,a distinction must be drawn betweeb what ti spersonal,i.e purely against the Judge,without any intention thereby to bring disrepute upon the Court and what is aimed at maligning the court and the system of delivery of justice. If it is purely against the Judge personally,it would be a matter of libel action by the Judge– Ekramul Haque Balbul vs Md Faiz ( Crimibnal),67 DLR(AD) (2015) 2089

Criminal Trials- International Crimes Tribunal

The trial has taken place after 42 years. Most of the materials evidence are lost due to death of the witnesses and some of them left the country to avoid similar brutal eventuality. Many surviving witnesses are not tended to disclose the actual incident because of the harrowing incidents brutalities perpetrated against unarmed innocent people of the locality. More so, the accused is a powerful political leader of the locality and therefore, the living witnesses are not dared to depose against him- Salauddin Qader choudhury vs Chief Prosecutor, International Crimes Tribunal,Dhaka, Bangladesh (Criminal),67 DLR (AD)(2015) 295

Crime against Humanity

Crime against humanity and genocides are heinous form of crime that could possibly exist in the human civilization.Through out the ages in every civilization these crime are considered as the most atrocious,appaling and terrible acts and extremely hated by each and every one. The offencs were not the one envisaged in the penal laws of any country,the accused in commiting those crimes in the syncronised plan and design that were developed and put into execution with cool blood. Salauddin Qader choudhury vs Chief Prosecutor, International Crimes Tribunal,Dhaka, Bangladesh (Criminal),67 DLR (AD)(2015) 295

Circumstantial Evidence

Because of the very nature of systematic mass killing, it sometimes difficult on the part of the prosecutions to collect direct evidence satisfactorily,sinse who would be prepared to provide such evidence were the objects of the executions and other witnesses,if available were unlikely to incriminate the same. Salauddin Qader choudhury vs Chief Prosecutor, International Crimes Tribunal,Dhaka, Bangladesh (Criminal),67 DLR (AD)(2015) 295

Death Sentence

In affirming death sentence, we followed ICPR guidelines, doctrine of just desert having proportionality and commen – surability as its touch stone and the predicament the victims, their families and the country as a whole suffered and of course also looked at the presumed intention of the legislators. – Kamruzzaman vs Bangladesh ( Criminal) 67 DLR (AD) (2015) 157

General Amnesty

Mr Khandaker’s submission that Banga – Bandhu exonerated all criminals against humanity,is founded on erroneous belief and I shence legally untenable. The truth is that Bangabandhu granted mercy to those collaborators only who committed to criminal offence. He did certainly not insulate those who were accused of criminal offences during theliberation war period . As a matter of fact by dastardly killing him anti liberation forces delayed the trial of those guilty of cromes against humanity. Kamruzzaman vs Bangladesh ( Criminal) 67 DLR (AD) (2015) 157