The Supreme Court on Sunday fixed October 3 for hearing a petition filed by the government seeking a stay on the High Court judgment declaring the Contempt of Court Act 2013 ‘void and unconstitutional’.
Fixing the date, SC Chamber Judge Justice Syed Mahmud Hossain sent the petition to the regular bench of the Appellate Division.
Earlier in the morning, the government submitted the petition to the apex court seeking a stay order on the HC judgment.
On Thursday, The HC scrapped the Contempt of Court Act 2013 declaring it ultra vires to the Constitution.
After hearing a public interest litigation writ petition challenging the constitutional validity of the newly introduced Contempt of Court Act 2013, an HC division bench comprising Justice Dr Quazi Reza-Ul Hoque and Justice ABM Altaf Hossain had paased the orders making its rule absolute.
“The Contempt of Court Act 2013 enacted on February 23 is hereby declared illegal and of no legal effect,” said the HC orders.
On March 25 this year, two Supreme Court lawyers -Asaduzzaman Siddiqui and Ayesha Khatun - filed the writ petition challenging the constitutional validity of some sections of the impugned Act.
The Act curtails the power of the Supreme Court and gives the protection to a section of government officials and journalists, which is discriminatory to the Articles 27, 108, 112 of the Constitution, observed the HC.
The apex court never wishes to be an impediment to the publication of truthful comments or criticisms, but the truthful publication must be within the limit of the (constitutional) periphery, it added.