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2023-09-03 12:06:16

PM cannot hold contempt of court

Justice Shamsuddin Choudhury Manik

PM cannot hold contempt of court

It should not be unknown that the Prime Minister of Bangladesh cannot, even if he wants to, stop the proceedings of a criminal case, which is not the plaintiff government and which is non-committal. Even if the plaintiff wants to drop the negotiable case, the final decision is the court's. Sections 401 and 402 of the Code of Criminal Procedure and the pardon power given to the President by the Constitution apply only to convicted convicts. Article 494 of the Code of Criminal Procedure states that public prosecutors should withdraw cases, the will of the court is also important.

Also, that provision does not apply to Labor Courts. This is not unknown to Hillary Clinton.

Hillary Clinton served as Secretary of State for many years in the United States. She should not be unaware that the constitution of Bangladesh like the United States has three parts of the state. Administration, Judiciary, and Legislature. One is separate and distinct from the other, no one has control over either. That means, the head of the administration, that is, the Prime Minister has no power on the Judiciary. To stop the ongoing cases against Yunus, if Hillary Clinton doesn't know these things, then it must be said that she is completely ignorant.

But she is so ignorant, it is hard to believe. In that sense, there was some other political motive behind the revelation in the media that 160 important people sent a letter to the Prime Minister of Bangladesh under the initiative and influence of Hillary Clinton. Especially since the letter was sent a few months before the Bangladesh elections, that suspicion has intensified.

Prime Minister cannot be held in contempt of court. In 2006, Hillary Clinton's wishes were tried to put Dr. Yunus in power. Those who believe that Hillary has taken a new initiative because that ambition has failed are not unwarranted.

They know The Prime Minister of Bangladesh does not have the power to close the ongoing case against Dr. Yunus. Despite that, they wrote the letter creating a smokescreen to bring forth Yunus. It can be confirmed that most of the 160 people who signed the letter Don't know anything about the case against Dr. Yunus. There is a strong argument behind thinking that they signed the letter without knowing what are the charges against him, who are the plaintiffs in the case, what is the evidence based on which the cases have been made, and they signed the letter under the influence of Hillary Clinton's wishes.

Everyone believes that if you ask them about the case, they will not be able to give even the minimum answer. The Government is not the plaintiff in the cases pending in the Labor Court. Dr. Yunus's employees have filed lawsuits as plaintiffs, alleging that Dr. Yunus embezzled money from workers. He went to the highest court of the country, they ordered that the case would continue after reviewing all the evidence. In this situation, if the Prime Minister of Bangladesh. Even if she tries to intervene in Yunus' case, she will risk being held liable for contempt of the country's highest court.

From the affidavit submitted by Dr. Yunus's lawyer to His Highness High Court, an incredible picture of some admissions of corruption by Yunus emerges.

According to the affidavit, only the lawyer appointed for the labor court. Yunus paid Tk 16 crore towards the fee, which even the Hon'ble Justice was surprised to hear. There is no other country in the world where such huge fees are paid. In that sense, there is a stench of corruption. Apart from this, 10 crore taka have been given to the labor leaders who filed the case and their lawyers. From there, it can be understood that Dr. Yunus to close the cases. Yunus did everything possible. He was granted bail by the High Court after the Labor Court issued multiple arrest warrants against him.

It is now clear that a self-interested group in the country is working with Hillary. They are spreading such a strange thing that the United Nations will investigate the case against Dr. Yunus. The United Nations has no jurisdiction to investigate cases against individuals in a country. One of the basic tenets of the UN Charter is the equality of sovereignty of all member states. Apart from that, any such initiative can only be taken by the Security Council or the General Assembly, not the UN Secretary-General or any other official.

Dr. Yunus was caught red-handed trying to cheat the tax authorities of Bangladesh. A highly educated person like him should not be unaware that the only trusts that can claim tax exemption are charitable trusts. A beneficiary of a trust who is the trust creator himself, cannot get relief from trust tax. It certainly does not behoove a person who claims to be a philanthropist to cheat the tax authorities to get tax exemption.

If Hillary thinks high-profile people can't be criminally prosecuted, she should take a lesson from the trial of a former president in her own country. A few years ago, Dominique Strauss-Kahn, the head of the International Monetary Fund (IMF), who was once the French finance minister, was tried on rape charges in his country. He did not get away with getting on a flight to Paris to avoid prosecution but was pulled off the plane by New York police.

Former Prime Minister of Pakistan Imran Khan is on trial, another former Prime Minister of Pakistan Bhutto has been hanged, former French President Nicolas Sarkozy is in the process of trial, there are Israeli Prime Minister Benjamin Netanyahu and many others around the world. Several Nobel laureates have also been or are being tried, most notably Aung San Suu Kyi, who is being investigated by the International Criminal Court for the crime of genocide.

Maria Ressa, the Nobel laureate of the Philippines, was sentenced to six years in prison, although the country's Supreme Court later acquitted her. Belarusian Nobel laureate Ales Bialiatsky was sentenced to 10 years in prison by the court of that country. Even a member of the academy that awards the Nobel Prize, Jean-Claude Arnaud, was jailed for two years by a Swedish court for rape.

Through the said letter, they tried to destroy the precious principles of the rule of law and the independence of the judiciary. They should withdraw the letter without delay. If they want, they can come to Bangladesh and go through the documents kept in the file of Dr Yunus's lawyer to see if there is any basis for the complaint against him. These are not secret documents and no one will stop them from coming to Bangladesh. Important people like them should try to preserve the rule of law rather than push it towards destruction, and for that, they should admit mistakes and apologize.

Remember, a major tenet of the rule of law is that all are equal in the eyes of the law. Prosecuting everyone who commits a crime is a great mantra of the rule of law. There is no scope for big and small discrimination.

Writer: Retired Appellate Division Judge.

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