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Emajuddin summoned for contempt

SC passes no order on appeal against independence verdict

Staff Correspondent
The High Court (HQ yesterday directed former vice chancellor of Dhaka University Prof Emajuddin Ahamed to appear before it on July 2 in connection with a contempt of court petition against him.
The petition contained charges of making 'derogatory' statement against the HC judges who delivered the June 21 judgement on proclamation of independence.
Meantime, the Supreme Court chamber judge did not pass any order yesterday on a plea against the High Court judgment that declared Bangabandhu Sheikh Mujibur Bahman as the proclaimer of the country's independence, which apparently kept the verdict in force.
CONTEMPT OF COURT
After hearing (he petition, an HC bench comprised of Justice ABM Khairul HaqUe and Justice Mamtazuddin Ahmed also issued a contempt rule against Emajuddin.
The petition was filed by Supreme Court lawyer Manzill Murshid on behalf of Abdus Salam, who had filed the writ petition upon which the HC delivered its verdict.
In its rule, the HC asked the former vice chancellor to explain by July 2 why contempt proceedings should not be drawn against him for making statement about the HC judges who gave the judgement declaring that Bangabandhu Sheikh Mujibur Rahman, not Ziaur Rahman, had proclaimed the republic's independence on March 26,1971.
Emajuddin alleged that the HC judges had cast aspersion on an authentication committee concerned without hearing its members. He also questioned if the judges had acted like judges.
His statement was published in a section of the national dailieson June23.
Emajuddin was on the authentication committee, formed by the BNP-Jamaat alliance government, concerning publication of the book titled 'Swadhinata JuddhaDalilpatra' (liberation War: Documents) in June2004. SC PASSES NO ORDER The Supreme Court chamber judge did not pass any order yesterday on a plea against the High Court judgment that declared Bangabandhu Sheikh Mujibur Rahman as the proclaimer of the county's independence.
The plea seek r - uvonthe operation of the HC judgment was moved before uh < iiambet bench of the Appellate Division yesterday afternoon, but Judge Ma ATiz Bid nor pass anV7iT8£i as the petitioner did not submit the certified copy of the verdict tothecourt.
BNP leader and freedom fighter Wing Commander (retd) Hamidullah Khan filed the provisional leave-to-appeal petition with the SC on June 23.
The chamber judge, however, told the lawyers for Hamidullah that they can move a regular leave-to-appeal petition before this court when they have the certified copy of the HC verdict.
Attorney General Mahbubey Alam, who defended the HC verdict, told The Daily Star that the chamber judge did not interfere in the HC verdict and following his order the verdict would apparently remain valid and upheld.
Advocate Khandaker Mahbubuddin Ahmed, principal counsel for Hamidullah, told newsmen that they will move the same provisional leave-to-appeal application before the full bench of the Appellate Division today or on Sunday.
Earlier, during the hearing on the petition yesterday he told the court that the issue of the proclamation of the country's independence is a settled matter and the HC has no jurisdiction to deliver any verdict on the issue.
He said the writ petition, upon which die HC gave its ruling, was not maintainable in the HC as per article 102 of the constitution as the writ petition was not related to any fundamental nghtsofpeople.
flic article empowers the HC to enforce the fundamental rights of people and a writ petition always deals with fundamental rights, according to legal experts.
The attorney general opposed Hamidullah’s petition, saying there was no urgency to stay the operation of the HC verdict, which was delivered on the basis of relevant documents and evidence in accordance with law'.
He said the HC did not pass any order yesterday not to create any obstacle to running state machinery'.
Upon a writ petition filed by Dr MA Salam, a freedom fighter and private practitioner in Dhaka, the HC delivered the judgment on June 21, saying Bangabandhu had issued the proclamation of the country's independence on March 26, 1971, and Kalurghat Betar Kendra relayed it the next day.
Hamidullah Khan, who was an added parry to the writ petition, filed the provisional leave-to-appeal petition, claiming that late president Ziaur Rahman had first declared independence of the country from Kalurghat radio station in Chitiagongon March 27,1971.
A number of prominent lawyers including barrister M Amir-Ul Islam, barrister Rokanuddin Mahmud, Abdul Basel Majumder and advocate Manzill Murshid defended the writ petitioner, former speaker of Jatiya Sangsad barrister Jamiruddin Sircar and former Haw n-Hwister oFBNP-Jed govern -ment barrister Moudud Ahmed, among others, stood for Hamidullah during the hearingof the petition.