Sub judice matter: HC warns envoys against making remarks
Staff Reporter :
The High Court cautioned diplomats staying in Bangladesh to exercise more caution while making remarks on matters sub judice.
The court emphasized that diplomats, including US Ambassador Peter Hass, are not permitted to comment on the internal affairs of the court according to the Vienna Convention.
The bench, comprising Justice Md Nazrul Islam Talukder and Justice Kazi Ebadat Hossain, made these remarks after Supreme Court lawyer Khurshid Alam Khan sought an order from the foreign ministry to alert US Ambassador Peter Haas.
Khurshid Alam presented a news portal report to the High Court, alleging that Peter Haas, during a recent dinner party with Nobel Laureate Professor Dr. Muhammad Yunus and Grameen Telecom director Norjahan Begum, alleged that the Yunus case was an example of abusing the provisions of Bangladesh labor law.
When asked if the court could take action against any diplomat for commenting on pending court proceedings, Khurshid and Yunus’s lawyer, Abdullah Al Mamun, informed the court that diplomats enjoy impunity in their statements.
Khurshid argued that Peter Haas violated the Vienna Convention by commenting on the internal affairs of Bangladesh, as the matter is under the trial of the court.
Mamun argued that only the foreign ministry, not the court, is empowered to address any violation of the Vienna Convention.
He further emphasized that the High Court should be cautious so that any law officer of the government cannot obtain an order misleading the court and tarnishing the image of Bangladesh.
The High Court refrained from entertaining the allegations of lawyer Khurshid Alam Khan, stating that the issue was too complicated.
The court verbally observed that foreign delegates should exercise more caution when commenting on the internal affairs of the receiving country, as per the Vienna Convention.
According to Article 41 of the Vienna Convention, without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.
All official business with the receiving State entrusted to the mission by the sending State shall be conducted with or through the Ministry for Foreign Affairs of the receiving State or such other ministry as may be agreed, it further stated.
