PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Suo Moto Rule No. 05 of 2018
Date of filing: 2018/04/08
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Petitioners

The State

Respondents

1) Secretary of Ministry of Home Affairs, Bangladesh Secretariat, Dhaka

2) Secretary, Ministry of Health and Family Affairs, Bangladesh Secretariat, Dhaka

3) Secretary, Ministry of Road, Transport and Highway,Bangladesh Secretariat, Dhaka

4) Director General, Department of Public Health Service, Government of Bangladesh, Dhaka

5) Chairman, Bangladesh Road  Transport Authority, Dhaka

6) Deputy Commissioner of Police (Traffic) Dhaka Metropolitan Police (DMP) Dhaka

7) Bikash Paribahan No. 6, Dhakeswari, City Corporation Market, Azimpur, Dhaka 

8) The owners and operators, Bikash Paribahan

Facts

On 08 April, 2018 a news published in the Daily New age, Daily Manab Kantha, Daily Kaler Kantha and Daily Naya Diganta that on 07 April, 2018 at 09:00 am the victim 26 years old Ayesha Khatun was travelling on a rickshaw with her 06 years old daughter. When the rickshaw reached the foot over bridge near New Market, Dhaka, two buses belonging to Bikash Paribahan, attempted to overtake each other and in this process, they crushed the rickshaw in which the victim travelling with  her child . The result of this consequence was the victim's spinal cord has been damaged permanently and there is no chance of full recovery. After drawing the attention of the Hon'ble court on this news, the Hon'ble Court issued suo moto rule. 

Rule/Order/Judgment
Date: 08/04/2018


Details

The Hon'ble High Court Division was pleased to issue a Suo Moto rule upon the Respondents to show cause as to why their failure and or inaction to ensure strict compliance with traffic laws and Rules by public transports particularly public buses resulting in losses of valuable lives shall not be declared to be without lawful authority and further as to why respondent no.7 (Bikash Paribahan No. 6, Dhakeswari, City Corporation Market, Azimpur, Dhaka) and respondent no.8 (The owners and operators, Bikash Paribahan) shall not be directed to ensure proper treatment of the victim and bear all such expenses and if necessary send abroad at their expense and also pay adequate compensation to the victim and further as to why the concerned respondents shall not be directed to frame appropriate rules and regulations for limiting the speed limit of public buses plying in the Metropolitan Cities and also determining the number of trips to be undertaken each day by each public bus and or pass such other order or further orders as to this court may seem fit and proper.

The court also issued following interim directions-

1. Pending hearing and disposal of the rule, respondent no. 1 (Secretary of Ministry of Home Affairs, Bangladesh Secretariat, Dhaka) , respondent no.2 (Secretary, Ministry of Health and Family Affairs, Bangladesh Secretariat, Dhaka) and respondent no.3 (Secretary, Ministry of Road, Transport and Highway,Bangladesh Secretariat, Dhaka) are hereby directed to ensure proper treatment of the victim currently undergoing treatment at Labaid Hospital, Dhanmondi, Dhaka and if necessary send the victim abroad further and better treatment at the cost of Bikash Paribahan.

2. Bangladesh Road Transport Authority (BRTA) is  directed to cancel the license of the two drivers involved in the said accident upon compliance with due process of law.

3. Respondent no. 4 (Director General, Department of Public Health Service, Government of Bangladesh, Dhaka) is directed to file a report with regard to the ongoing treatment and physical condition of the victim before this Court by 06.05.2018.

Justices

Mr. Justice Zubayer Rahman Chowdhury

Mr. Justice Md. Iqbal Kabir



Date: 24/05/2018


Details

Bangladesh Legal Aid & Services Trust (BLAST) filed an intervenor application to assist the court. The Hon'ble Court pleased to allow the application. 

Justices

Mr. Justice Jubayer Rahman Chowdhury

Mr. Justice Md. Iqbal Kabir



Database Last Updated on: 2018-09-03 02:21:00
Area of law
Access to Justice,
Accountability and Institutional Reform
Keywords
Road Accident
Relevant statute

1) The Constitution of the People's Republic of Bangladesh

2) Road Transport Corporation Ordinance 1961

3) Bangladesh Road Transport Authority Act 2017

4) Motor Vehicle Ordinance 1983





Case Number: Suo Moto Rule No. 05 of 2018
Date of filing: 2018/04/08

Petitioners

The State

Respondents

1) Secretary of Ministry of Home Affairs, Bangladesh Secretariat, Dhaka

2) Secretary, Ministry of Health and Family Affairs, Bangladesh Secretariat, Dhaka

3) Secretary, Ministry of Road, Transport and Highway,Bangladesh Secretariat, Dhaka

4) Director General, Department of Public Health Service, Government of Bangladesh, Dhaka

5) Chairman, Bangladesh Road  Transport Authority, Dhaka

6) Deputy Commissioner of Police (Traffic) Dhaka Metropolitan Police (DMP) Dhaka

7) Bikash Paribahan No. 6, Dhakeswari, City Corporation Market, Azimpur, Dhaka 

8) The owners and operators, Bikash Paribahan

Facts

On 08 April, 2018 a news published in the Daily New age, Daily Manab Kantha, Daily Kaler Kantha and Daily Naya Diganta that on 07 April, 2018 at 09:00 am the victim 26 years old Ayesha Khatun was travelling on a rickshaw with her 06 years old daughter. When the rickshaw reached the foot over bridge near New Market, Dhaka, two buses belonging to Bikash Paribahan, attempted to overtake each other and in this process, they crushed the rickshaw in which the victim travelling with  her child . The result of this consequence was the victim's spinal cord has been damaged permanently and there is no chance of full recovery. After drawing the attention of the Hon'ble court on this news, the Hon'ble Court issued suo moto rule. 


Rule/Order/Judgment
Date: 08/04/2018:
Details

The Hon'ble High Court Division was pleased to issue a Suo Moto rule upon the Respondents to show cause as to why their failure and or inaction to ensure strict compliance with traffic laws and Rules by public transports particularly public buses resulting in losses of valuable lives shall not be declared to be without lawful authority and further as to why respondent no.7 (Bikash Paribahan No. 6, Dhakeswari, City Corporation Market, Azimpur, Dhaka) and respondent no.8 (The owners and operators, Bikash Paribahan) shall not be directed to ensure proper treatment of the victim and bear all such expenses and if necessary send abroad at their expense and also pay adequate compensation to the victim and further as to why the concerned respondents shall not be directed to frame appropriate rules and regulations for limiting the speed limit of public buses plying in the Metropolitan Cities and also determining the number of trips to be undertaken each day by each public bus and or pass such other order or further orders as to this court may seem fit and proper.

The court also issued following interim directions-

1. Pending hearing and disposal of the rule, respondent no. 1 (Secretary of Ministry of Home Affairs, Bangladesh Secretariat, Dhaka) , respondent no.2 (Secretary, Ministry of Health and Family Affairs, Bangladesh Secretariat, Dhaka) and respondent no.3 (Secretary, Ministry of Road, Transport and Highway,Bangladesh Secretariat, Dhaka) are hereby directed to ensure proper treatment of the victim currently undergoing treatment at Labaid Hospital, Dhanmondi, Dhaka and if necessary send the victim abroad further and better treatment at the cost of Bikash Paribahan.

2. Bangladesh Road Transport Authority (BRTA) is  directed to cancel the license of the two drivers involved in the said accident upon compliance with due process of law.

3. Respondent no. 4 (Director General, Department of Public Health Service, Government of Bangladesh, Dhaka) is directed to file a report with regard to the ongoing treatment and physical condition of the victim before this Court by 06.05.2018.

Justices

Mr. Justice Zubayer Rahman Chowdhury

Mr. Justice Md. Iqbal Kabir


Date: 24/05/2018:
Details

Bangladesh Legal Aid & Services Trust (BLAST) filed an intervenor application to assist the court. The Hon'ble Court pleased to allow the application. 

Justices

Mr. Justice Jubayer Rahman Chowdhury

Mr. Justice Md. Iqbal Kabir



Reference

Area of law
Access to Justice,  Accountability and Institutional Reform

Keywords
Road Accident

Relevant statute

1) The Constitution of the People's Republic of Bangladesh

2) Road Transport Corporation Ordinance 1961

3) Bangladesh Road Transport Authority Act 2017

4) Motor Vehicle Ordinance 1983


Related Proceedings
Database Last Updated on: 2018-09-03 02:21:00
Full Judgment Link: http://bdpil.org/assets/uploads/pdf/a1ba3-suo-moto-rule-05-2018.pdf