PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition 6767 of 2001
Date of filing: 2001/12/03
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Petitioners

1.Bangladesh Legal Aid and Services Trust (BLAST)
2.Abdul Jalil
3.Md. Ismail
4.Abdur Rashid
5.Wali Ullah
6.Ruhul Amin
7.Showkat
8.Anisur Rahman
9.Md. Rafiqul Islam
10.Imran
11.Dal Miah
12.Mahbub Alam
13.Mostofa
14.Bakul
15. Md. Habibur Rahman
16.Julhash
17.Ful Miah
18.Delwar Hossain
19. Bakul Hossain
20.Shamim
21. Ashraful
22.Majibur
23.Rashed
24.Mizan
25.Shujan
26.Hafijul
27.Kajal
28.Fazle Karim
29.Sentu Miah
30.Harun
31. Sultan
32.Rabiul
33.Shafikul
34.Mintu
35.Shahadat
36.Al Amin
37.Shahab Uddin
38.Habibur Rahman
39.Kamal
40.Tajul Islam

Respondents

1. Secretary, Ministry Law, Justice and Parliamentary Affairs
2. Secretary, Ministry of Home Affairs
3. Deputy Commissioner, Dhaka
4. Officer In-Charge, P.S. Ramna

Facts

BLAST filed a writ petition challenging the legality of the Jana Nirapatta Ain, 2000 (Public Safety Act), and in particular, the continued detention of rickshaw pullers in violation of the provisions of the CrPC and the Act, based on a news item published in the Daily BhorerKagoj on 04.11.2001 which alleged that 87 rickshaw pullers were arrested after the Sub-inspector of Ramna PS failed to restrain them from taking part in a procession consisting of about 300-400 rickshaw pullers breaking vehicles. A police case was initiated under sections 7, 8, 10 and 12 of the Public Safety Act, 2000.

Rule/Order/Judgment
Date: 08/12/2001


Details

The High Court issued a Rule Nisi upon the respondents to show cause as to why the Public Safety Act 2000 should not be declared to be ultra vires to the Constitution and why the proceedings in the cases in question should not be declared to be without lawful authority and of no legal effect. The Court ordered stay of all proceedings pending in the Chief Metropolitan Magistrate Court for six months and ordered release of the detainees on ad-interim bail.

Justices

Mr. Justice Kazi A.T.M Anowaruddin
Mr. Justice Mohammad AnwarulHaque



Database Last Updated on: 2017-02-12 15:26:45
Area of law
Equality,
Safeguards on Arrest,
Fair Trial
Keywords
Unlawful detention; Unlawful arrest
Relevant statute

Constitution, Articles 33 and 35; Public Safety Act, 2000 (since repealed); Code of Criminal Procedure, 1898





Case Number: Writ Petition 6767 of 2001
Date of filing: 2001/12/03

Petitioners

1.Bangladesh Legal Aid and Services Trust (BLAST)
2.Abdul Jalil
3.Md. Ismail
4.Abdur Rashid
5.Wali Ullah
6.Ruhul Amin
7.Showkat
8.Anisur Rahman
9.Md. Rafiqul Islam
10.Imran
11.Dal Miah
12.Mahbub Alam
13.Mostofa
14.Bakul
15. Md. Habibur Rahman
16.Julhash
17.Ful Miah
18.Delwar Hossain
19. Bakul Hossain
20.Shamim
21. Ashraful
22.Majibur
23.Rashed
24.Mizan
25.Shujan
26.Hafijul
27.Kajal
28.Fazle Karim
29.Sentu Miah
30.Harun
31. Sultan
32.Rabiul
33.Shafikul
34.Mintu
35.Shahadat
36.Al Amin
37.Shahab Uddin
38.Habibur Rahman
39.Kamal
40.Tajul Islam

Respondents

1. Secretary, Ministry Law, Justice and Parliamentary Affairs
2. Secretary, Ministry of Home Affairs
3. Deputy Commissioner, Dhaka
4. Officer In-Charge, P.S. Ramna

Facts

BLAST filed a writ petition challenging the legality of the Jana Nirapatta Ain, 2000 (Public Safety Act), and in particular, the continued detention of rickshaw pullers in violation of the provisions of the CrPC and the Act, based on a news item published in the Daily BhorerKagoj on 04.11.2001 which alleged that 87 rickshaw pullers were arrested after the Sub-inspector of Ramna PS failed to restrain them from taking part in a procession consisting of about 300-400 rickshaw pullers breaking vehicles. A police case was initiated under sections 7, 8, 10 and 12 of the Public Safety Act, 2000.


Rule/Order/Judgment
Date: 08/12/2001:
Details

The High Court issued a Rule Nisi upon the respondents to show cause as to why the Public Safety Act 2000 should not be declared to be ultra vires to the Constitution and why the proceedings in the cases in question should not be declared to be without lawful authority and of no legal effect. The Court ordered stay of all proceedings pending in the Chief Metropolitan Magistrate Court for six months and ordered release of the detainees on ad-interim bail.

Justices

Mr. Justice Kazi A.T.M Anowaruddin,   Mr. Justice Mohammad AnwarulHaque



Reference

Area of law
Equality,  Safeguards on Arrest,  Fair Trial

Keywords
Unlawful detention; Unlawful arrest

Relevant statute

Constitution, Articles 33 and 35; Public Safety Act, 2000 (since repealed); Code of Criminal Procedure, 1898


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45