PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 12182 of 2016
Date of filing: 2016/09/29
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Petitioners
  1. Bangladesh Legal Aid and Services Trust (BLAST)
  2. Ain o Salish Kendra (ASK),
  3. Bangladesh Environmental Lawyers’ Association (BELA)
Respondents
  1. Secretary, Ministry of Labour and Employment;
  2. Secretary, Ministry of Home Affairs;
  3. Governor, Bangladesh Bank;
  4. IGP, Dhaka;
  5. IG, Department for Inspection of Factories and Establishments;
  6. Chief Inspector of Boiler;
  7. MD, Titas Gas and Transformation;
  8. Chairman, RAJUK;
  9. DIG of Police, Dhaka Range;
  10. Deputy Commissioner, Gazipur;
  11. Mayor, Tongi Paurashava, Gazipur;
  12. Superintendent of Police, Gazipur;
  13. UNO, Gazipur Sadar, Gazipur;
  14. OC, Tongi PS, Gazipur;
  15. Civil Surgeon, Gazipur
  16. Chairman, Bangladesh Flexible Packaging Industries Association;
  17. Tampaco Foils Limited, 2, BSCIC Industrial Estate, Tongi, Gazipur;
  18.  MD, Tampaco Foils Limited,   2, BSCIC Industrial Estate, Tongi, Gazipur
  19. Syed Makbul Hossain MP, Chairman, Tampaco Foils Limited, 2, BSCIC Industrial Estate, Tongi, Gazipur.
Facts

On 10.09.2016 at around 06.05am, a fire broke out and an explosion occurred at the five-storey building housing a factory of Tampaco Foils Limited, in Tongi, Dhaka, and  resulting building collapse which has led the deaths of 29 persons including workers, and the injuries of at least 50 persons, with other persons being missing. The news of the incident was widely published and broadcast in all national media during the course of 10.09.2016.  Three human rights organizations- Bangladesh Legal Aid Services and Trust (BLAST),Ain-o-Shalish Kendra (ASK), Bangladesh Environment Lawyers Association (BELA) filed the writ petition impugning the failure of the concerned authorities to discharge their statutory duties and responsibilities relating to building construction, labour safety and welfare and to ensure that appropriate actions are taken to investigate the causes of fire; and to prosecute and punish those responsible for this incident, and also to ensure adequate compensation for the victims, including long-term medical treatment for those injured, as well as rehabilitation for them and the families, and to prevent future incidents occurring by ensuring effective enforcement and implementation of workplace safety laws in industries, in particular to ensure the fundamental rights to life and to protection of law of all workers and other people  therein. 

Rule/Order/Judgment
Date: 26/09/2016


Details

The court accepted the supplementary affidavit submitted by the Bangladesh Legal Aid and Services Trust (BLAST) as a part of the writ petition.

The High Court Division issued a Rule Nisi upon the respondents to show cause as to why their failure and negligence to perform their duties should not be declared to be without lawful authority  and as to why they should not be directed to take necessary action as required by the law and the Constitution to effectively investigate, prosecute and punish those responsible for the deaths and injuries of persons resulting from the factory fire and building collapse at Tampaco Foils Limited on 10.09.2016 at Tongi, Dhaka and to take all necessary measures for such purpose and for prevention of any future such occurrence, including to secure payment by the respondents of adequate compensation to the victim worker and others who have suffered injuries and to the families of the persons who have died in the said factory fire. The Hon’ble Court also pleased to issue interim order directing the respondent no. 3, the Bangladesh Bank, to identify and freeze the bank accounts of the respondents no. 16-18, the Tampaco Foils Ltd and the MD and Chairman of it to ensure that the funds held therein are provided for compensation for victims, for payment of salary, funds and other allowances of the workers of the said factory and for reconstruction of the factory building, and also direct the respondents to intimate the Hon’ble Court about the steps they have taken meanwhile in respect of ensuring adequate compensation for the victims both workers and their family members after two months by submitting a compliance report.

Justices

Justice M. Enayetur Rahim

Justice Ashish Ranjan Das



Date: 14/12/2016


Details

Affidavit-in-Compliance was submitted on behalf of the respondent No. 17 ( Tampaco Foils Limited, 2, BSCIC Industrial Estate, Tongi, Gazipur).


Date: 01/01/2017


Details

Affidavit-in-Compliance was submitted on behalf the Respondent No. 17 (Tampaco Foils Limited, 2, BSCIC Industrial Estate, Tongi, Gazipur).


Date: 10/01/2017


Details

The case came up to the cause list as a item no. 3 for hearing in the Annex Building Court No. 33. 

Justices

Justice Md. Ashfaqul Islam

Justice Ashish Ranjan Das



Database Last Updated on: 2018-09-03 02:44:45
Area of law
Employment,
Health,
Worker’s Rights,
Life,
Association,
Accountability and Institutional Reform
Keywords
'Tampaco fire' Case
Relevant statute

Articles 11, 14, 15, 21, 27, 31, 32 of the Constitution of the People’s Republic of Bangladesh 1972;

 

Bangladesh Labour Act 2006;

 

Building Construction Act, 1952; and

 

The Boiler Act 1923





Case Number: Writ Petition No. 12182 of 2016
Date of filing: 2016/09/29

Petitioners
  1. Bangladesh Legal Aid and Services Trust (BLAST)
  2. Ain o Salish Kendra (ASK),
  3. Bangladesh Environmental Lawyers’ Association (BELA)
Respondents
  1. Secretary, Ministry of Labour and Employment;
  2. Secretary, Ministry of Home Affairs;
  3. Governor, Bangladesh Bank;
  4. IGP, Dhaka;
  5. IG, Department for Inspection of Factories and Establishments;
  6. Chief Inspector of Boiler;
  7. MD, Titas Gas and Transformation;
  8. Chairman, RAJUK;
  9. DIG of Police, Dhaka Range;
  10. Deputy Commissioner, Gazipur;
  11. Mayor, Tongi Paurashava, Gazipur;
  12. Superintendent of Police, Gazipur;
  13. UNO, Gazipur Sadar, Gazipur;
  14. OC, Tongi PS, Gazipur;
  15. Civil Surgeon, Gazipur
  16. Chairman, Bangladesh Flexible Packaging Industries Association;
  17. Tampaco Foils Limited, 2, BSCIC Industrial Estate, Tongi, Gazipur;
  18.  MD, Tampaco Foils Limited,   2, BSCIC Industrial Estate, Tongi, Gazipur
  19. Syed Makbul Hossain MP, Chairman, Tampaco Foils Limited, 2, BSCIC Industrial Estate, Tongi, Gazipur.
Facts

On 10.09.2016 at around 06.05am, a fire broke out and an explosion occurred at the five-storey building housing a factory of Tampaco Foils Limited, in Tongi, Dhaka, and  resulting building collapse which has led the deaths of 29 persons including workers, and the injuries of at least 50 persons, with other persons being missing. The news of the incident was widely published and broadcast in all national media during the course of 10.09.2016.  Three human rights organizations- Bangladesh Legal Aid Services and Trust (BLAST),Ain-o-Shalish Kendra (ASK), Bangladesh Environment Lawyers Association (BELA) filed the writ petition impugning the failure of the concerned authorities to discharge their statutory duties and responsibilities relating to building construction, labour safety and welfare and to ensure that appropriate actions are taken to investigate the causes of fire; and to prosecute and punish those responsible for this incident, and also to ensure adequate compensation for the victims, including long-term medical treatment for those injured, as well as rehabilitation for them and the families, and to prevent future incidents occurring by ensuring effective enforcement and implementation of workplace safety laws in industries, in particular to ensure the fundamental rights to life and to protection of law of all workers and other people  therein. 


Rule/Order/Judgment
Date: 26/09/2016:
Details

The court accepted the supplementary affidavit submitted by the Bangladesh Legal Aid and Services Trust (BLAST) as a part of the writ petition.

The High Court Division issued a Rule Nisi upon the respondents to show cause as to why their failure and negligence to perform their duties should not be declared to be without lawful authority  and as to why they should not be directed to take necessary action as required by the law and the Constitution to effectively investigate, prosecute and punish those responsible for the deaths and injuries of persons resulting from the factory fire and building collapse at Tampaco Foils Limited on 10.09.2016 at Tongi, Dhaka and to take all necessary measures for such purpose and for prevention of any future such occurrence, including to secure payment by the respondents of adequate compensation to the victim worker and others who have suffered injuries and to the families of the persons who have died in the said factory fire. The Hon’ble Court also pleased to issue interim order directing the respondent no. 3, the Bangladesh Bank, to identify and freeze the bank accounts of the respondents no. 16-18, the Tampaco Foils Ltd and the MD and Chairman of it to ensure that the funds held therein are provided for compensation for victims, for payment of salary, funds and other allowances of the workers of the said factory and for reconstruction of the factory building, and also direct the respondents to intimate the Hon’ble Court about the steps they have taken meanwhile in respect of ensuring adequate compensation for the victims both workers and their family members after two months by submitting a compliance report.

Justices

Justice M. Enayetur Rahim

Justice Ashish Ranjan Das


Date: 14/12/2016:
Details

Affidavit-in-Compliance was submitted on behalf of the respondent No. 17 ( Tampaco Foils Limited, 2, BSCIC Industrial Estate, Tongi, Gazipur).

Justices

Date: 01/01/2017:
Details

Affidavit-in-Compliance was submitted on behalf the Respondent No. 17 (Tampaco Foils Limited, 2, BSCIC Industrial Estate, Tongi, Gazipur).

Justices

Date: 10/01/2017:
Details

The case came up to the cause list as a item no. 3 for hearing in the Annex Building Court No. 33. 

Justices

Justice Md. Ashfaqul Islam

Justice Ashish Ranjan Das



Reference

Area of law
Employment,  Health,  Worker’s Rights,  Life,  Association,  Accountability and Institutional Reform

Keywords
'Tampaco fire' Case

Relevant statute

Articles 11, 14, 15, 21, 27, 31, 32 of the Constitution of the People’s Republic of Bangladesh 1972;

 

Bangladesh Labour Act 2006;

 

Building Construction Act, 1952; and

 

The Boiler Act 1923


Related Proceedings
Database Last Updated on: 2018-09-03 02:44:45
Full Judgment Link: http://bdpil.org/assets/uploads/pdf/7b41e-writ-petition-12182-of-2016.pdf