"The offending publication is not a verbatim report, as claimed by your client, but according to the Daily Inqilab, is a "corrected" text given by Mr Salauddin Quader Chowdhury and is "written by him". There is no denial by your client that the statements made by him were not intended to refer to our client or that the false and defamatory allegations are in no way applicable to our client. It is apparent that there is a malafide intent of defaming our client by his continuing to resort to the device of making thinly-veiled references to our client, as the person targeted, can be readily identified, as will be evident from the Daily Inqilab report on June 27, 2003 which stated that your client made the defamatory statements in relation to Mr. Mahfuz Anam."

Dr Kamal Hossain further wrote:

"The legal position on which your reply is based with regard to the claim of immunity from proceedings in respect of a Parliamentary speech reflects a misconception regarding the limits of privileges and immunities in relation to publications in newspapers. The correct legal position has been enunciated with clarity by Courts of high standing, explaining the limits of privileges and immunities, based upon the law of England and other countries where parliamentary democracies are functioning, as follows:

"... it is clear that the immunity of a member of the House of Commons is in respect of the speeches made by him in Parliament but it does not extend to the publication of the debate outside Parliament. If a member of the House of Commons publishes his speech made in the House separately from the rest of the proceedings of the House, he will be liable for defamation if his speech contains matters, defamatory of any person.

"We are, therefore, instructed once again to call upon Mr. Salauddin Quader Chowdhury, as we hereby do, by or before 10:00am on July 20, 2003 to retract the defamatory allegations and to tender an unqualified apology, failing which it will be confirmed that your client persists in his intent to defame our client so that our client will have no option but seek legal redress, in which case your client will be responsible for the costs and consequences thereof."

It may be recalled that Dr Kamal Hossain, representing The Daily Star editor, had sent a legal notice to Salauddin Quader Chowdhury on July 12, 2003, a reply to which was sent by Barrister Rafique-ul Haq on July 15, 2003 on behalf of his client.