Constitution.67 And finally, Article 20 of the ICCPR prohibits
war propaganda, which is not stipulated in the Constitution.
In South Asian jurisprudence especially, nobody is allowed to
cause contempt of court in the exercise of her freedom of
speech and expression.68 The Constitution of Bangladesh
specifically provided for the Supreme Court’s power to
commit for contempt of court. However, given that the
contempt power constitutes a restriction on the freedom of
speech and expression, this power should be cautiously and
sparingly used.69 In one case, the Supreme Court of
Bangladesh stated that “[f]reedom of press being recognised
in our Constitution, a Court is to suffer criticism made against
it, and only in exceptional cases of bad faith or ill motive, it
will resort to law of contempt.”70
Derogations in Times of Emergency:
The ICCPR allows derogations from fundamental rights only
in the time of public emergency if it threatens the life of the
nation and is officially announced. It does not allow
70
71
56
Saleemullah vs. State, 44 DLR (AD) 309.
See also, anonymous, “Comparison between the International Covenant on
Civil and Political Rights,” 21.