Suomoto on News Reports, Letters
Content verification must
Say amended High Court rules to be effective from Feb 20
The Supreme Court amended the High Court rules, effective from February 20, including the requirement of verifying the authenticity of media reports or letter contents while issuing suomoto rules on those.
At present the HC benches, dealing with writ motions (writ petitions on which no rule was issued), issue the suomoto rule mostly following newspaper reports without sending any notice to the reporter or the editor, said sources.
The rule can also be based on any letter sent to the chief justice, any judge, the HC and the SC registrar, and based on any report broadcast by any electronic media.
The HC sources said in a few cases, the media or letter contents did not check out.
As per the amendment, the office concerned of the HC must send a notice along with the rule to the writer of the letter or the reporter concerned, or to the editor or the media's controlling authority.
Accompanying it will be a verification form in which the authorities concerned will authenticate the letter or report. If true, the letter or report may be treated as a writ petition under Article 102 of the Constitution.
The other amendments include provisions for the HC judges and lawyers dealing with cases for smooth and effective functioning of judicial and other related court units, says a gazette notification issued by the apex court.
It includes barring a petitioner from taking back a petition, through the lawyer concerned, from one HC bench and moving it to another, if the first HC bench wants to reject it.
The petitioner can file a new petition containing different grounds, but has to attach the rejection order along with the fresh petition.
Moreover, the petitions and applications can be written in both English and Bangla instead of being only in English.
The remaining amendments were made to give a legal shape to most of the provisions which are now followed as tradition.
It states that the chief justice will direct judges and lawyers as required and that judges are responsible to ensure that the rules are complied with.
Adequate security devices will be installed at appropriate places, including the HC building's entry points, while mobile phones must be switched off in the court premises.
It also says, “No person whether he is a member of Bar or a law clerk or a member of the court staff or other person, shall hold or arrange any procession or enchant slogan or engage in a meeting or engage in demonstration in the court premises or any part of the court buildingâ€.
The amendment also includes provisions concerning court proceedings.
Photographs or audio recordings of court proceedings will not be allowed. However, a judge or staff could use a voice recording gadget with prior permission.
Laptops or similar devices will be allowed for rendering assistance to the proceedings. Carrying any bag, umbrella, stick or weapon to the courtroom is banned.
Smoking, drinking, eating, gossiping and using sound generating device except microphone is prohibited. Water or medicine might be taken considering the urgency.
All lawyers, staff and any other person present in court must behave in such a manner that the proceedings continue unaffected, states the amended rules.
The office hours will start 45 minutes earlier at 9:00am and end at 5:00pm as usual.
The rules accommodate publishing in the SC website the daily list of cases to be heard. The bench officers of HC will deliver the following day's list to the bench section before 5:00pm every day.
A five-member body of the then HC judges, headed by Justice MA Wahhab Miah of the SC's Appellate Division, prepared the amendments in 2011.
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