PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: 4462 of 2021 and 4333 of 2021
Date of filing: 2021/04/27
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Petitioners

1. Bangladesh Environment Lawyers Association (BELA)

2. ALRD

3. Bangladesh Legal Aid & Services Trust (BLAST)

4. Nijera Kori

5. Safety & Rights Soceity (SRS)

6. Ain o Shalish Kendra  (ASK)

Respondents

1. Secretary, Ministry of Power, Energy and Mineral Resources

2. Secretary, Ministry of Environment, Forests and Climate Change

3. Secretary, Ministry of Labor and Employment

4. Secretary, Ministry of Industries

5.Secretary, Ministry of Home Affairs

6. Inspector General, Bangladesh Police

7. Chairman, Bangladesh Power Development Board

8. Director General, Department of Environment

9. Deputy Commissioner, Chattogram

10.  Superintendent of Police, Chattogram

11. Officer-in-Charge, Banshkhali Police Station, Chattogram

12. Managing Director, SS Power One and SS Power Two Limited

13. Managing Director, S Alam Group

14. Managing Director, Sepco Three Electric Power Construction Corporation

15. Managing Director, HTG Development Group Company Limited.

 

Facts

Six human rights organizations (BELA, ALRD, BLAST, Nijera Kori, SRS and ASK) filed two public interest litigation petitions (Writ Petition No. 4462/2021 and Writ Petition No. 4333/2021) seeking justice for the casualties of  three separate yet related shootings (in 2016, 2017 and 2021) in Gondamara village, East Baraghona village and West Baraghona village in Gondamara Union  of Banshkhali Sadar Upazila, in an under construction 1320 megawatt power plant named SS Power Plant jointly being built by the Bangladeshi industrial company S Alam Group and Chinese companies Sepco Three Power Construction Corporation and HTG Development Group Company Limited.

In all the 3 incidents mentioned, the police filed cases against a number of anonymous workers, establishing a reign of terror in the area. The owners of the S S Power Plant have not paid any compensation to the workers killed in any of these three incidents, nor have they paid any medical expenses to the workers injured in any of these three incidents. Such firing by the police without any provocation to suppress the just demands of the workers is abominable and a clear violation of the Police Regulation 1943,  the Constitution, labour laws, environmental rights and human rights.

Rule/Order/Judgment
Date: 04/05/2021


Details

Rule Nisi be issued calling upon the respondents to show cause as to why i) the impugned inaction and failure of the respondents to take appropriate legal actions against the perpetrators who killed 7 (as mentioned in paragraph 22 of the writ petition no 4462 of 2021) workers (including more if not reported) and injured hundreds of workers at SS Power I Plan (a cola power plant) in Poschim Borghona, Gondamara, Thana-Banshkhali, District- Chottogram belonging to the Respondent no 19, and failure to ensure safety and security to the workers and their families (including dead, injured and participant of the protest) shall not be declared to have been doing/carrying out without legal authority and is of no legal effect and ii) why the respondents no 19-22 (WP no 4333 of 2021) shall not be directed to give compensation jointly and severally of Tk 3 (three) Crore of the each of the victim worker’s family (who were killed) and 2 (two) crore to each of the injured workers in the said conflict for the ends of justice and/or pass such other or further  order or orders as to this court may deem fit and proper.

Pending hearing of the Rule

  1. The Respondent SS Power I ltd is directed to pay TK 5,00000 (five Lac) to each of the families of the seven deceased victims, immediately and also directed to submit a compliance threof to this court including what measures it has taken for the treatment of injured labours within period of 45 (forty five) days;
  2. The respondents are directed to ensure safety and security to the workers and their families (including dead and injured) and to ensure that any labour or persons in that area are not be harassed;
  3. Respondent, theDeputy commissioner , Chottogram and the Superintendent of Police, Chottogram are directed to submit respective inquiry report of the inquiry committees formed  by them to inquiry of the incident of 17th April 2021within a period of 45 (forty five) days from the date of receipt of this order
  4. The Secretary, Ministry of Labour and Employment is directed to submit a detail report on the labour safety , welfare, protection issues in SS Power I Plant with the said period.
Justices

Justice M Enayetur Rahim

Justice Rashed Jahangir



Database Last Updated on:
Full Judgment Link
Area of law
Environment,
Livelihood,
Life
Keywords
Worker's Right, Bashkhali Case
Relevant statute

Constitution of Bangladesh  

Bangladesh Environment Conservation Act, 1995 and Rules, 1997

Bangladesh Labour Act, 2006

Police Act, 1861

Police Regulations, 1943

Penal Code, 1860

Code of Criminal Procedure, 1898

Public Service Inquiry Act, 1950

Public Procurement Act, 2006

Electricity Act, 20l8

Quick Enhancement of Electricity and Energy Supply (Special Provision) Act, 2010 and Rules of 2018





Case Number: 4462 of 2021 and 4333 of 2021
Date of filing: 2021/04/27

Petitioners

1. Bangladesh Environment Lawyers Association (BELA)

2. ALRD

3. Bangladesh Legal Aid & Services Trust (BLAST)

4. Nijera Kori

5. Safety & Rights Soceity (SRS)

6. Ain o Shalish Kendra  (ASK)

Respondents

1. Secretary, Ministry of Power, Energy and Mineral Resources

2. Secretary, Ministry of Environment, Forests and Climate Change

3. Secretary, Ministry of Labor and Employment

4. Secretary, Ministry of Industries

5.Secretary, Ministry of Home Affairs

6. Inspector General, Bangladesh Police

7. Chairman, Bangladesh Power Development Board

8. Director General, Department of Environment

9. Deputy Commissioner, Chattogram

10.  Superintendent of Police, Chattogram

11. Officer-in-Charge, Banshkhali Police Station, Chattogram

12. Managing Director, SS Power One and SS Power Two Limited

13. Managing Director, S Alam Group

14. Managing Director, Sepco Three Electric Power Construction Corporation

15. Managing Director, HTG Development Group Company Limited.

 

Facts

Six human rights organizations (BELA, ALRD, BLAST, Nijera Kori, SRS and ASK) filed two public interest litigation petitions (Writ Petition No. 4462/2021 and Writ Petition No. 4333/2021) seeking justice for the casualties of  three separate yet related shootings (in 2016, 2017 and 2021) in Gondamara village, East Baraghona village and West Baraghona village in Gondamara Union  of Banshkhali Sadar Upazila, in an under construction 1320 megawatt power plant named SS Power Plant jointly being built by the Bangladeshi industrial company S Alam Group and Chinese companies Sepco Three Power Construction Corporation and HTG Development Group Company Limited.

In all the 3 incidents mentioned, the police filed cases against a number of anonymous workers, establishing a reign of terror in the area. The owners of the S S Power Plant have not paid any compensation to the workers killed in any of these three incidents, nor have they paid any medical expenses to the workers injured in any of these three incidents. Such firing by the police without any provocation to suppress the just demands of the workers is abominable and a clear violation of the Police Regulation 1943,  the Constitution, labour laws, environmental rights and human rights.


Rule/Order/Judgment
Date: 04/05/2021:
Details

Rule Nisi be issued calling upon the respondents to show cause as to why i) the impugned inaction and failure of the respondents to take appropriate legal actions against the perpetrators who killed 7 (as mentioned in paragraph 22 of the writ petition no 4462 of 2021) workers (including more if not reported) and injured hundreds of workers at SS Power I Plan (a cola power plant) in Poschim Borghona, Gondamara, Thana-Banshkhali, District- Chottogram belonging to the Respondent no 19, and failure to ensure safety and security to the workers and their families (including dead, injured and participant of the protest) shall not be declared to have been doing/carrying out without legal authority and is of no legal effect and ii) why the respondents no 19-22 (WP no 4333 of 2021) shall not be directed to give compensation jointly and severally of Tk 3 (three) Crore of the each of the victim worker’s family (who were killed) and 2 (two) crore to each of the injured workers in the said conflict for the ends of justice and/or pass such other or further  order or orders as to this court may deem fit and proper.

Pending hearing of the Rule

  1. The Respondent SS Power I ltd is directed to pay TK 5,00000 (five Lac) to each of the families of the seven deceased victims, immediately and also directed to submit a compliance threof to this court including what measures it has taken for the treatment of injured labours within period of 45 (forty five) days;
  2. The respondents are directed to ensure safety and security to the workers and their families (including dead and injured) and to ensure that any labour or persons in that area are not be harassed;
  3. Respondent, theDeputy commissioner , Chottogram and the Superintendent of Police, Chottogram are directed to submit respective inquiry report of the inquiry committees formed  by them to inquiry of the incident of 17th April 2021within a period of 45 (forty five) days from the date of receipt of this order
  4. The Secretary, Ministry of Labour and Employment is directed to submit a detail report on the labour safety , welfare, protection issues in SS Power I Plant with the said period.
Justices

Justice M Enayetur Rahim

Justice Rashed Jahangir



Reference

Area of law
Environment,  Livelihood,  Life

Keywords
Worker's Right, Bashkhali Case

Relevant statute

Constitution of Bangladesh  

Bangladesh Environment Conservation Act, 1995 and Rules, 1997

Bangladesh Labour Act, 2006

Police Act, 1861

Police Regulations, 1943

Penal Code, 1860

Code of Criminal Procedure, 1898

Public Service Inquiry Act, 1950

Public Procurement Act, 2006

Electricity Act, 20l8

Quick Enhancement of Electricity and Energy Supply (Special Provision) Act, 2010 and Rules of 2018


Related Proceedings
Database Last Updated on:
Full Judgment Link: http://bdpil.org/assets/uploads/pdf/2e6d7-order-wp-4333-of-2021-ask-wp-4462-of-2021-bela-04-may-2021.pdf




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