The police chief will have to either pay Tk 2,000 in fine or serve a month in jail. This is for the first time such a high government official responsible for keeping law and order has been punished by court.

An Appellate Division bench headed by the chief justice yesterday dismissed the appeal petition filed by Shahudul and three others against the January 27 High Court order that handed down the punishment.

Legal experts quoting the law said the verdict of the highest court means the IGP stands dismissed from service.

State Minister for Home Affairs Lutfozzaman Babar however told the BBC Bangla Service last night that the government would take a decision on the service of the IGP on receipt of the copy of the verdict. "We'll take action after seeing the (copy of) judgement," he said.

Barrister Mainul Hosein, one of Shahudul's counsels, said the IGP has lost his job with the judgement. "Maybe the government would say it will take action after receiving the certified copy of the verdict but I can say he is dismissed," he told the BBC.

Shahudul, whose contractual job as the IGP expires next March, is now in New York where he will visit the UN Peacekeeping Department before going to France to meet the Interpol secretary general at its secretariat in Lyon. He will return on December 13.

The government has given Dhaka Metropolitan Police (DMP) Commissioner Ashraful Huda additional charge of the IGP.

THE CHARGE
A High Court (HC) division bench last January found the IGP guilty of "gross misconduct" in a contempt case and slapped the fine on him. The HC had also fined three traffic policemen for the same offence, but exonerated two others from the contempt charges.

The police boss had to face the contempt proceedings for his remarks in a written reply to certain queries of the court in a suo moto rule after the traffic policemen misbehaved with a sitting HC additional judge at Farmgate in the capital.

On his way to court, the flag car of the judge was stopped by the on-duty traffic policemen to let a police officer's vehicle pass in June last year.

As the HC in the suo moto rule ordered the IGP to explain the manners of his men, he came up with a counter-charge in his reply and defended the law-enforcers.

"The judge himself, by issuing the contempt rule against the traffic policemen, became liable to be prosecuted under the criminal law on charges of wrongful confinement, prejudicial act, obstructing public servants from discharging public function and threatening them," Shahudul said in his reply.

The government did not, however, confirm service of the additional judge, and he then returned to practice as a lawyer.

REACTION
Legal experts also believe the IGP has already lost his job, as a public servant, according to the law, loses job for committing offences punishable with death, transportation or imprisonment for a term exceeding six months or with fines exceeding Tk 1,000 or both.

The three traffic sergeants have also been convicted, but they would not lose their job, as they have been fined no more than Tk 1,000 each.

Senior advocate Ozaer Farooq, whose two cop-clients also lost the case, thinks Shahudul has been dismissed from government service.

He referred to the relevant law, The Public Servants (Dismissal on Conviction) Ordinance 1985, that says: "A public servant shall, on his conviction of a criminal offence specified in the schedule, stands dismissed from service on the date of delivery of judgement or order convicting him."

In his reaction to the press, the IGP's counsel Advocate Khandaker Mahbubuddin Ahmed said, "I have nothing to say about the court's decision. It surprised me as I expected the court to accept our submission and reduce the penalty."

Asked if the IGP will file a petition for a review of the order, he replied, "My client is not in the country. If he wants a review upon his return from abroad, we will move accordingly."

Asked whether Shahudul will still hold the office of the IGP after the verdict, Mahbubuddin said, "On this matter, Supreme Court lawyer Advocate MK Rahman has filed a petition. This remains unresolved."

Lawyer Dr M Zahir said the high-ups in the executives should now understand that the judiciary is determined to protect the rights of people. "After this judgement, they must be alert," he told reporters.

"Those who show disrespect to the judiciary and the rule of law must be punished," he observed.

"It's up to the government to decide about his (IGP) job," said Additional Attorney General (AAG) Abdur Rezak Khan. He said the court during Monday's hearing had commented that the IGP should have voluntarily resigned.

During hearing, the counsel for the IGP withdrew his written statement. But the court thought that it was not acceptable, noted Khan. "The judges said the Supreme Court is not just a building but an embodiment of dignity."

The IGP prayed for mercy at one stage of the trial, but it was too late for the court to accept. "If he had instantly prayed for forgiveness, it would have been acceptable," the AAG added.

The case started over the police showing disrespect to the flag of a judge, but it turned into a contempt charge as the IGP made some disrespectful statements about the court that promoted the judges to consider it as an insult to court, he said.

On behalf of Sergeant Russell Arafat and Sergeant Shoebul Haq, lawyer Ozaer Farook said if anyone wants a review of this order of the Appellate Division, it should be done within 30 days. "My clients will pay fine in line with the verdict of the court."

"My clients will not lose their jobs as the relevant ordinance suggests if a public servant is fined more than Tk 1000, he will be dismissed," he said. "Since the IGP has been fined over Tk 1,000, legally he stands dismissed from today."