Arrest order for Zafrullah

Gonoshasthya Kendra founder Dr Zafrullah Chowdhury. File photo

The International Crimes Tribunal-2 yesterday issued an arrest warrant for Gonoshasthaya Kendra founder Zafrullah Chowdhury for non-payment of a fine it had imposed on him for contempt of court.

The three-member tribunal, led by Justice Obaidul Hassan, passed the order after the deadline for payment of Tk 5,000 expired on Wednesday, tribunal's acting deputy registrar Md Aftafuzzaman told The Daily Star.

The court on June 10 found Zafrullah guilty of contempt and imprisoned him at the tribunal for an hour for criticising the punishment of Bangladesh-based British journalist David Bergman.

It also slapped the fine on Zafrullah, payable in seven days. In default, he would have to spend a month behind bars.

However, the Supreme Court on Tuesday stayed the tribunal's verdict until July 5 following a petition moved by the convict.

Justice Hasan Foez Siddique, chamber judge at the Appellate Division of the SC, also sent the petition to the full bench of the court for its hearing on July 5.

Md Aftafuzzaman said the tribunal didn't receive the copy of any such order from the SC.

The Daily Star could not reach Zafrullah over the phone for his comment. His lawyer Barrister Rashna Imam said they had the certified copy of the SC order.

The SC registrar would sent the order to the tribunal in due course, she said adding that the stay order of the Appellate Division was widely covered by the media, and the attorney general himself was present when the order was passed.

If police show up to arrest Zafarullah, the certified copy of the order would be produced before cops. Since it is an order of the country's highest court, it must be complied with, said Rashna.

Attorney General Mahbubey Alam said it was the responsibility of Zafrullah's lawyers to inform the tribunal about the SC order. As the copy of the order was not sent to the tribunal, it rightly issued the arrest warrant against the convict upon expiry of the fine payment deadline.

Syed Aminul Islam, registrar general of the SC, said he was outside the city and could not comment on the matter.

Mohammad Nur-e-Azam Miah, officer-in-charge of Dhanmondi Police Station, said they did not receive the arrest warrant till 7:45pm yesterday. Zafarullah is a resident of Dhanmondi.

On December 2 last year, the tribunal found Bergman, editor (special reports) of English daily the New Age, guilty of contempt for writing two blog posts in January 2013 on the verdict in the case against Abul Kalam Azad. The journalist was sentenced to imprisonment till rising of the court that day and fined Tk 5,000.

The daily Prothom Alo on December 20 last year ran a report under the headline “50 people express concern over Bergman's punishment”. The signatories of a statement said the order would curb freedom of expression, according to the report. One of the signatories Khushi Kabir later parted from the statement.

When the tribunal asked 49 people to explain their statement, 26 signatories apologised unconditionally. The court exonerated them from the charge, but initiated contempt proceedings against 23 as it was not convinced with their replies. 

On June 10, the tribunal pardoned 22 signatories as they regretted their action and “were not well aware of the consequences of the action.” But the court punished Zafrullah as he committed the same offence twice.

Earlier, the International Crimes Tribunal-1 had found his comment on the war crimes trail contemptuous, but pardoned him with a serious caution.

Under the International Crimes (Tribunals) Act 1973, a contempt convict cannot challenge the order of a tribunal. But the High Court recently observed that a convict can do so.