The court, however, told his lawyer that the officer would have to appear in court if asked in future.

It also reminded him to submit his reply in time to the contempt rule the same bench had served on him.

The bench of Justice Abdul Wahhab Miah and Justice Zinat Ara gave the exemption orders on a petition by Acting Principal Staff Officer (PSO) of the Armed Forces Division at the Prime Minister's Office Brigadier General Illias Iftekhar Rasul.

The army officer and three other top government officials are facing contempt charges for violating the court order. However, Prime Minister's Principal Secretary Kamal Uddin Siddiqui, Home Secretary Omar Farooque and Defence Secretary KM Ehsanul Huq will appear in court.

On Monday, the army officer went to the High Court and signed court documents before an affidavit commissioner.

In the petition, the army officer prayed for exemption from initial personal appearance in court. He said, "... [I] diligently obeyed the (directive) of the court in letter and spirit and the question of disobedience to (court's) orders was far from [my] mind and I [reiterate] [my] highest respect to the court."

Dr Kamal Hossain, lawyer for BDB candidate Abdul Mannan who filed the contempt petition, opposed the move and told the bench the constitution has given no-one but the president immunity from appearing in court.

TH Khan, lawyer of the petitioner, agreed to Kamal's argument, but said according to the constitution, an investigation should be initiated before the court appearance of the respondents in question.

He cited articles 102 and 108 of the constitution and contended the civil court has no scope to try army men who are governed by the Army Act and Rules.

Barrister Amir-Ul Islam and Advocate MK Rahman also assisted Dr Kamal and Advocate Khandakar Mahbubuddin Ahmed also moved for the petitioner.