The High Court on Wednesday resumed the hearing of a long-pending writ petition seeking the implementation of recommendations by the Radio-TV Autonomy Commission for framing rules and regulations ensuring the autonomy of the two state-owned media organisations.
A bench comprising Justice Mohammad Ullah and Justice Foyez Ahmed, after a brief hearing, adjourned proceedings until March 4 for further arguments.
During the hearing, senior judge Mohammad Ullah asked senior lawyer Mohammad Ruhul Amin Bhuiyan why the petition had remained unheard for the past 16 years.
鈥榃ere all governments against this writ petition?鈥� the judge inquired.
In response, Ruhul Amin stated that successive governments had deliberately avoided implementing the commission鈥檚 recommendations, using state-run radio and television as tools for political propaganda rather than ensuring their independence.
The High Court issued the rule on November 19, 2000 after hearing a public interest litigation writ petition filed by rights organisation Odhikar鈥檚 then secretary Masood Alam Ragib Ahsan.
The bench of Justice Syed Refaat Ahmed, now the chief justice, and Justice Moyeenul Islam Chowdhury resumed the hearing of the rule on November 16, 2009 when it ordered the government to submit its reply by December 8, 2009 to the rule issued in 2000 to explain why it would not be directed to implement the Radio-TV Autonomy Commission鈥檚 recommendations.
The court also set December 9, 2009 for the next hearing in the case.
After the High Court鈥檚 November 16, 2009 order, about 16 years have passed but the government had not submitted its reply to the 2000 HC rule, counsel Ruhul Amin argued.
The first adjournment came in 2009 as deputy attorney general Nazrul Islam sought a two-week time for submitting the government鈥檚 reply saying that the government on May 25, 1999 formed a sub-committee for the implementation of the commission鈥檚 recommendations.
Autonomy for state-run Bangladesh Betar and Bangladesh Television was one of the main demands in the joint declaration of the three alliances announced on November 19, 1990 leading to the deposal of military dictator HM Ershad.
Clause 2(d) of the declaration says, 鈥楳ass media, including radio and television, will have to be made independent and autonomous so that they become completely neutral...鈥�
Before the 1991 elections, both the Bangladesh Nationalist Party and Awami League pledged in their manifestos that autonomy for radio and television would be ensured in line with the joint declaration. The nation, however, noticed with frustration that the BNP government did not bother to do so during its 1991鈥�1996 tenure.
After being voted to power, the Awami League government set up the 14-member Radio-TV Autonomy Commission with retired civil servant and columnist M Asafuddowlah as chairman, on September 9, 1996 to frame rules and regulations for autonomous running of the two state-owned media organisations.
Although the commission submitted its report to the government on June 30, 1997, the nation witnessed that the Awami League government towards the end of its five-year tenure approved two bills on May 7, 2000 seeking enactment of two laws granting autonomy to the state-run electronic media.
The bills proposed establishment of separate authorities for Radio and BTV, formation of a board of five members selected by the government, telecasting news and programmes in accordance with the National Broadcasting Policy and empowering the government to dissolve the authorities.
This move of the AL government to give 鈥榓utonomy鈥� to the state-run electronic media bypassing substantial recommendations of the government-appointed commission attracted sharp criticism from civil society organisations.
Against the backdrop, rights body Odhikar filed the writ in November 2000.
