PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ petition No. 3561 of 2013
Date of filing: 2013/04/03
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Petitioners
  1. Ain o Salish Kendra (ASK)
  2. Bangladesh Legal Aid and Services Trust (BLAST)
  3. Samprodayikota O Jongibad Birodhi Mancha
  4. Basudev Dhar
  5. Monindra Kumar Nath
  6. Association for Land Reform and Development (ALRD)
  7. Ziauddin Tarik
Respondents
  1. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka
  2. Inspector General of Police, Police Head Quarters, Fulbaria, P.S Ramna, Dhaka.
Facts

The petitioners filed the writ petition being aggrieved by the continuous failure of the respondents to discharge their constitutional and statutory duties and responsibilities and legal obligations to prevent attacks on citizens particularly the Hindus and their properties, temples and deities after pronunciation of the judgment of  International Crime Tribunal in the month of February 2013.

Rule/Order/Judgment
Date: 04/04/2013


Details

The High Court Division issued a Rule Nisi calling upon the respondents to show cause as to why their failure to protect citizens  in particular members of the Hindu and other religious community against violent and persistent attacks as described in Annexure-L should not be declared to constitute a failure to discharge their constitutional duties towards citizens guaranteed under Article 27, 28, 31, 32 and 35 of the Constitution, and why appropriate orders and directions should not be issued upon the respondents in accordance with Article 44 and 102 of the Constitution to require them to discharge their Constitutional duties for the enforcement of the rights of citizens and to take all necessary measures for such purpose and for prevention of such future occurrence, including to appoint a committee of experts to independently investigate the incidents of attacks including those alleged above on certain citizens based on their religion and the attacks on their properties and places of worship allegedly by the Jamat-Shibir, its supporters and alliance after the pronouncement of  judgment  by International Crimes Tribunal in February 2013 and to identify areas where the members of  the Hindu and other religious community are in a vulnerable state and to arrange special and additional protection by law enforcing agencies for them, and as to why the victims of criminal acts committed against the members of the Hindu and other religious communities should not be compensated and/or pass such other or further order or orders as to this court may seem fit and proper.

The Rule is made returnable within 3 (three) weeks.

Pending hearing of the Rule, the respondents are directed to form a committee to investigate the incidents of attacks including those mentioned above allegedly by the Jammat-Shibir, its supporters and alliance after the pronouncement of judgments by the International Crimes Tribunal in February, 2013.

The respondents are further directed to submit a report on 30.04.2013 stating what steps have been taken regarding the incidents of attacks stated in Annexure-L.

The Petitioners are directed to put in requisites for service of notice upon the respondents through registered post and in usual course.

 

Justices

Ms. Justice Naima Haider

Mr. Justice Zafar Ahmed



Database Last Updated on:
Area of law
Equality,
Livelihood,
Life,
Liberty,
Minority Rights,
Access to Justice,
Discrimination,
Accountability and Institutional Reform
Keywords
Attack on Hindu community
Relevant statute

Articles 27, 28, 31, 32, 35,44, 102 (1) and (2) (a) of the Constitution of People's Republic of Bangladesh.





Case Number: Writ petition No. 3561 of 2013
Date of filing: 2013/04/03

Petitioners
  1. Ain o Salish Kendra (ASK)
  2. Bangladesh Legal Aid and Services Trust (BLAST)
  3. Samprodayikota O Jongibad Birodhi Mancha
  4. Basudev Dhar
  5. Monindra Kumar Nath
  6. Association for Land Reform and Development (ALRD)
  7. Ziauddin Tarik
Respondents
  1. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka
  2. Inspector General of Police, Police Head Quarters, Fulbaria, P.S Ramna, Dhaka.
Facts

The petitioners filed the writ petition being aggrieved by the continuous failure of the respondents to discharge their constitutional and statutory duties and responsibilities and legal obligations to prevent attacks on citizens particularly the Hindus and their properties, temples and deities after pronunciation of the judgment of  International Crime Tribunal in the month of February 2013.


Rule/Order/Judgment
Date: 04/04/2013:
Details

The High Court Division issued a Rule Nisi calling upon the respondents to show cause as to why their failure to protect citizens  in particular members of the Hindu and other religious community against violent and persistent attacks as described in Annexure-L should not be declared to constitute a failure to discharge their constitutional duties towards citizens guaranteed under Article 27, 28, 31, 32 and 35 of the Constitution, and why appropriate orders and directions should not be issued upon the respondents in accordance with Article 44 and 102 of the Constitution to require them to discharge their Constitutional duties for the enforcement of the rights of citizens and to take all necessary measures for such purpose and for prevention of such future occurrence, including to appoint a committee of experts to independently investigate the incidents of attacks including those alleged above on certain citizens based on their religion and the attacks on their properties and places of worship allegedly by the Jamat-Shibir, its supporters and alliance after the pronouncement of  judgment  by International Crimes Tribunal in February 2013 and to identify areas where the members of  the Hindu and other religious community are in a vulnerable state and to arrange special and additional protection by law enforcing agencies for them, and as to why the victims of criminal acts committed against the members of the Hindu and other religious communities should not be compensated and/or pass such other or further order or orders as to this court may seem fit and proper.

The Rule is made returnable within 3 (three) weeks.

Pending hearing of the Rule, the respondents are directed to form a committee to investigate the incidents of attacks including those mentioned above allegedly by the Jammat-Shibir, its supporters and alliance after the pronouncement of judgments by the International Crimes Tribunal in February, 2013.

The respondents are further directed to submit a report on 30.04.2013 stating what steps have been taken regarding the incidents of attacks stated in Annexure-L.

The Petitioners are directed to put in requisites for service of notice upon the respondents through registered post and in usual course.

 

Justices

Ms. Justice Naima Haider

Mr. Justice Zafar Ahmed



Reference

Area of law
Equality,  Livelihood,  Life,  Liberty,  Minority Rights,  Access to Justice,  Discrimination,  Accountability and Institutional Reform

Keywords
Attack on Hindu community

Relevant statute

Articles 27, 28, 31, 32, 35,44, 102 (1) and (2) (a) of the Constitution of People's Republic of Bangladesh.


Related Proceedings
Database Last Updated on:
Full Judgment Link: http://bdpil.org/assets/uploads/pdf/d67e3-wp-no.-3561-of-2013.pdf