PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 7260 of 2008
Date of filing: 2008/09/14
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Petitioners

Bangladesh Environmental Lawyers Association (BELA)

Respondents
  1. Secretary, Ministry of Shipping
  2. Secretary, Ministry of industries
  3. Secretary, Ministry of Commerce
  4. Secretary, Ministry of Labor and Employment
  5. Secretary, Ministry of Environment & Forest
  6. Director General, Department of Environment
  7. Director General, Coast Guard
  8. Director General, Department of Shipping
  9. Chief inspector of Explosives, Department of Explosives
  10. Chief Inspector of Factories & Establishment
  11. Deputy Commissioner, Chittagong
  12. Collector of Custom, Chittagong
  13. Chairman, Chittagong Port
  14. Director, Department of Environment, Chittagong Division
  15. Principal Officer, Mercantile Marine Department, Chittagong
  16. President, Bangladesh Ship Breakers Associations
  17. Proprietor, Madina Enterprise
  18. Prime Bank, Agrabad, Chittagong
  19. YALUMBA INC, Singapore
Facts

The writ petition was filed to restrain entry of any of the remaining hazardous vessels listed by the Greenpeace into the territorial water of Bangladesh. Soon after filing the application an explosion occurred while breaking ‘MV KAPITAN LYASHENKO’ in a yard called M/S Arefin Enterprise, where four workers were killed and 2 were injured.

Rule/Order/Judgment
Date: 05/03/2009


Details

The High Court Division directed an injunction concerning M.T. Enterprise, to continue until proprietor, Madina Enterprise obtained a clearance certificate from the Department of Environment for the purpose of dismantling the remainder of the vessel.

Justices

Mr. Justice Md. Imman Ali

Mr. Justice Sheikh Abdul Awal



Date: 17/03/2009


Details

The Court directed the Ministry of Environment and the Department of Environment to take immediate steps to ensure the closure of all ship breaking yards operating without the necessary Environmental Clearance. The law-enforcing agencies are directed to accord cooperation and assistance to the Department of Environment in ensuring the closures of ship breaking yards operating without prior clearance.The Court also directed the Department to file a compliance report within 2 weeks giving details of the steps they have taken in this regard, and to deal with applications for clearance certificate with expeditiously and issue only upon satisfaction that all facilities required for proper dismantling of the vessels are in place. The Ministry of Environment was directed to frame Rules and regulations for proper handling and management of hazardous materials and wastes. The Ministry of Shipping and Department of Shipping are directed to ensure that hazardous vessels enlisted in the Greenpeace list of vessels containing hazardous materials are not imported into the country. The government was also directed to set up a High Level Technical Committee.

Justices

Mr. Justice Md. Imman Ali

Mr. Justice Sheikh Abdul Awal



Database Last Updated on: 2017-02-12 15:26:45
Area of law
Environment,
Health,
Accountability and Institutional Reform
Keywords
‘Ship Breaking’ case
Relevant statute

Constitution, Article 102;

The Merchant Shipping Ordinance, 1983;

Territorial Water and Maritime Zones Act, 1974;

Bangladesh Environment Conservation Act, 1995;

Coast Guard Act, 1994;

Basel Convention on the control of Transboundary  Movements of Hazardous Wastes and their Disposal 1989;

Import Policy Order





Case Number: Writ Petition No. 7260 of 2008
Date of filing: 2008/09/14

Petitioners

Bangladesh Environmental Lawyers Association (BELA)

Respondents
  1. Secretary, Ministry of Shipping
  2. Secretary, Ministry of industries
  3. Secretary, Ministry of Commerce
  4. Secretary, Ministry of Labor and Employment
  5. Secretary, Ministry of Environment & Forest
  6. Director General, Department of Environment
  7. Director General, Coast Guard
  8. Director General, Department of Shipping
  9. Chief inspector of Explosives, Department of Explosives
  10. Chief Inspector of Factories & Establishment
  11. Deputy Commissioner, Chittagong
  12. Collector of Custom, Chittagong
  13. Chairman, Chittagong Port
  14. Director, Department of Environment, Chittagong Division
  15. Principal Officer, Mercantile Marine Department, Chittagong
  16. President, Bangladesh Ship Breakers Associations
  17. Proprietor, Madina Enterprise
  18. Prime Bank, Agrabad, Chittagong
  19. YALUMBA INC, Singapore
Facts

The writ petition was filed to restrain entry of any of the remaining hazardous vessels listed by the Greenpeace into the territorial water of Bangladesh. Soon after filing the application an explosion occurred while breaking ‘MV KAPITAN LYASHENKO’ in a yard called M/S Arefin Enterprise, where four workers were killed and 2 were injured.


Rule/Order/Judgment
Date: 05/03/2009:
Details

The High Court Division directed an injunction concerning M.T. Enterprise, to continue until proprietor, Madina Enterprise obtained a clearance certificate from the Department of Environment for the purpose of dismantling the remainder of the vessel.

Justices

Mr. Justice Md. Imman Ali,  

Mr. Justice Sheikh Abdul Awal


Date: 17/03/2009:
Details

The Court directed the Ministry of Environment and the Department of Environment to take immediate steps to ensure the closure of all ship breaking yards operating without the necessary Environmental Clearance. The law-enforcing agencies are directed to accord cooperation and assistance to the Department of Environment in ensuring the closures of ship breaking yards operating without prior clearance.The Court also directed the Department to file a compliance report within 2 weeks giving details of the steps they have taken in this regard, and to deal with applications for clearance certificate with expeditiously and issue only upon satisfaction that all facilities required for proper dismantling of the vessels are in place. The Ministry of Environment was directed to frame Rules and regulations for proper handling and management of hazardous materials and wastes. The Ministry of Shipping and Department of Shipping are directed to ensure that hazardous vessels enlisted in the Greenpeace list of vessels containing hazardous materials are not imported into the country. The government was also directed to set up a High Level Technical Committee.

Justices

Mr. Justice Md. Imman Ali,  

Mr. Justice Sheikh Abdul Awal



Reference

Area of law
Environment,  Health,  Accountability and Institutional Reform

Keywords
‘Ship Breaking’ case

Relevant statute

Constitution, Article 102;

The Merchant Shipping Ordinance, 1983;

Territorial Water and Maritime Zones Act, 1974;

Bangladesh Environment Conservation Act, 1995;

Coast Guard Act, 1994;

Basel Convention on the control of Transboundary  Movements of Hazardous Wastes and their Disposal 1989;

Import Policy Order


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45
Full Judgment Link: http://bdpil.org/assets/uploads/pdf/c86f3-judgement-ship-breaking-7260-of-2008.pdf