PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 3139 of 2011
Date of filing: 2011/04/11
Print


Petitioners

Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

1. Secretary, Ministry of Home Affairs;

2. Secretary, Ministry of Women’s and Children’s Affairs;

3. Officer in Charge Cantonment PS, Dhaka;

4.  Officer in Charge, Feni Sadar PS, Dhaka;

5. Director General, Combine Military Hospital, Dhaka;

6. Nusrat Jahan Nipa

7. Khoshnahar

8. Major Akther Alias Shiblu Rojonigondha;

9. Inspector General of Police, Police Headquarters, Fulbaria, Dhaka

Facts

The petitioners are aggrieved by the failure of Respondent nos 4 and 5 to comply with their statutory duties to investigate the allegations of the beating of Hasina, 10 years old, while being forcibly subjected to domestic work at the  Major Akhter alias Shiblu and his wife Nipa’s house in Dhaka, which has been widely reported in newspapers across the country on 11 and 12 February 2011, and further by their failure to ensure the security of the children and their freedom from cruel, degrading and inhuman treatment and punishment while undergoing forced labour as domestic workers.

Rule/Order/Judgment
Date: 13/04/2011


Details

The Court issued a Rule Nisi upon Respondent Nos. 3, 4 and 9 to submit a report to the Court within ten days as to the measures taken by them to investigate, prosecute and punish the alleged incident of abuse of Hasina. The Court also directed respondent nos 3, 5 and 9 to ensure full security for Hasina and not to allow Nusrat Jahan Nipa to visit the victim child. The respondents were also directed to allow the family members of the victim, Mrs Sultana Kamal, Advocate and Dr. Md. Nur Khan, Chairman, Ain-O-Shalish Kendra to visit the victim Child Hasina.

Justices

Mr. Justice Syed Md. Ziaul Karim

Mr. Justice A.N.M. Bashir Ullah



Date: 10/05/2011


Details

The application for direction was submitted on behalf of the petitioners for directing the respondents no. 3 (Officer in Charge, Cantonment, Dhaka) /4(Officer in Charge, Feni Sadar, Feni) to record an FIR and to initiate investigations and to direct the respondent no. 9 (Inspector General of Police, Police Head Quarter, Fulbaria, Dhaka) to ensure that an FIR is lodged in this matter and to initiate investigation and on failure to do so why they should not be issued notice for being in contempt of court.

Justices

Mr. Justice Farid Ahmed

Mr. Justice Md. Shawkat Hossain



Date: 19/05/2011


Details

An Affidavit-In-Compliance was submitted on behalf of the respondent no.  9 (Inspector General of Police, Police Head Quarter, Fulbaria, Dhaka) in accordance with the direction of the High Court dated 13.04.2011.

Justices

Mr. Justice Farid Ahmed 

Mr. Justice Md. Shawkat Hossain



Date: 22/05/2011


Details

Affidavit in reply was submitted on behalf of the petitioner in response of the affidavit in compliance submitted by the respondent no. 9 ( Inspector General of Police, Police Head Quarter, Fulbaria, Dhaka) dated on 19.05.11.

Justices

Mr. Justice Farid Ahmed

Mr. Justice Md. Shawkat Hossain



Database Last Updated on: 2018-09-12 03:36:00
Area of law
Freedom from torture,
Children's Rights
Keywords
Violence Against Domestic Workers
Relevant statute

Constitution, Articles 27, 31,32,34 and 35;

The Children’s Act1974, Sections 34;

Penal Code 1860, Sections 319, 320 and 340





Case Number: Writ Petition No. 3139 of 2011
Date of filing: 2011/04/11

Petitioners

Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

1. Secretary, Ministry of Home Affairs;

2. Secretary, Ministry of Women’s and Children’s Affairs;

3. Officer in Charge Cantonment PS, Dhaka;

4.  Officer in Charge, Feni Sadar PS, Dhaka;

5. Director General, Combine Military Hospital, Dhaka;

6. Nusrat Jahan Nipa

7. Khoshnahar

8. Major Akther Alias Shiblu Rojonigondha;

9. Inspector General of Police, Police Headquarters, Fulbaria, Dhaka

Facts

The petitioners are aggrieved by the failure of Respondent nos 4 and 5 to comply with their statutory duties to investigate the allegations of the beating of Hasina, 10 years old, while being forcibly subjected to domestic work at the  Major Akhter alias Shiblu and his wife Nipa’s house in Dhaka, which has been widely reported in newspapers across the country on 11 and 12 February 2011, and further by their failure to ensure the security of the children and their freedom from cruel, degrading and inhuman treatment and punishment while undergoing forced labour as domestic workers.


Rule/Order/Judgment
Date: 13/04/2011:
Details

The Court issued a Rule Nisi upon Respondent Nos. 3, 4 and 9 to submit a report to the Court within ten days as to the measures taken by them to investigate, prosecute and punish the alleged incident of abuse of Hasina. The Court also directed respondent nos 3, 5 and 9 to ensure full security for Hasina and not to allow Nusrat Jahan Nipa to visit the victim child. The respondents were also directed to allow the family members of the victim, Mrs Sultana Kamal, Advocate and Dr. Md. Nur Khan, Chairman, Ain-O-Shalish Kendra to visit the victim Child Hasina.

Justices

Mr. Justice Syed Md. Ziaul Karim,  
Mr. Justice A.N.M. Bashir Ullah


Date: 10/05/2011:
Details

The application for direction was submitted on behalf of the petitioners for directing the respondents no. 3 (Officer in Charge, Cantonment, Dhaka) /4(Officer in Charge, Feni Sadar, Feni) to record an FIR and to initiate investigations and to direct the respondent no. 9 (Inspector General of Police, Police Head Quarter, Fulbaria, Dhaka) to ensure that an FIR is lodged in this matter and to initiate investigation and on failure to do so why they should not be issued notice for being in contempt of court.

Justices

Mr. Justice Farid Ahmed

Mr. Justice Md. Shawkat Hossain


Date: 19/05/2011:
Details

An Affidavit-In-Compliance was submitted on behalf of the respondent no.  9 (Inspector General of Police, Police Head Quarter, Fulbaria, Dhaka) in accordance with the direction of the High Court dated 13.04.2011.

Justices

Mr. Justice Farid Ahmed ,  

Mr. Justice Md. Shawkat Hossain


Date: 22/05/2011:
Details

Affidavit in reply was submitted on behalf of the petitioner in response of the affidavit in compliance submitted by the respondent no. 9 ( Inspector General of Police, Police Head Quarter, Fulbaria, Dhaka) dated on 19.05.11.

Justices

Mr. Justice Farid Ahmed

Mr. Justice Md. Shawkat Hossain



Reference

Area of law
Freedom from torture,  Children's Rights

Keywords
Violence Against Domestic Workers

Relevant statute

Constitution, Articles 27, 31,32,34 and 35;

The Children’s Act1974, Sections 34;

Penal Code 1860, Sections 319, 320 and 340


Related Proceedings
Database Last Updated on: 2018-09-12 03:36:00
Full Judgment Link: http://bdpil.org/assets/uploads/pdf/b14c1-wp-no.-3139-of-2011.pdf