PUBLIC INTEREST LITIGATION (PIL)

(1) Motahar Hossain Bishwas, (2) Hazrat Ali Talukder, (3) Kulsum Begum, (4) Reshma Begum, (5) Bibi Moriom, (6) Yunus, (7) Mofazzal Hossain, (8) A. Karim, (9) Nur Mia, (10) Hasnahena, (11) Razia Begum, (12) Jhorna, (13) Minara Begum, (14) Mostafiz, (15) Cholema Khatun, (16) Hazera Khatun, (17) Yanur Begum, (18) Rahima Begum, (19) Dilkhush Begum, (20) Shanu Mia, (21) Abul Hashem, (22) Anoara Begum, (23) Md. Hanif, (24) Md. Shamsuddin, (25) Chalma Begum, (26) Akhtaruzzaman, (27) Ali Ahmed, (28) Rustom Ali, (29) Mahinur Begum, (30) Abul Khayer, (31) Siddique Ahmed, (32) Md. Babul, (33) Anisul Huq, (34) Md. Gias Uddin, (35) Fazle Karim, (36) Nurul Islam, (37) Morzina Khatun, (38) Maolana Foyzullah (Nosu), (39) Mozaffor Chowkidar, (40) A. Barek Polban, (41) Zebol Huq Bepari, (42) Chan Mia, (43) A. Khalek, (44) Chidu Mia, (45) Golapjan, (46) Md. Zamal, (47) Ayesha, (48) Abe Abdullah, (49) Amir Hossain, (50) Monoar Begum, (51) Monoara  Begum, (52) Md. Hossain, (53) Mesharof Hossain, (54) A. Khalek, (55) Md. Amzad Majhi, (56) Babul Talukder, (57) Jolil Doptori, (58) Amena Begum, (59) Amir Bepari, (60) Anoara Begum, (61) Raoshan Ara, (62) Minara Begum, (63) Md. Abul Kashem, (64) Profullo Kumar Dash, (65) Momtaz Chowkidar, (66) Moriomjan, (67) Monoara Begum, (68) Mozibul Huq, (69) Shahjahan Dulal, (70) Khodeza Khatun, (71) A. Motaleb, (72) Nurzahan, (73) Soioda Khatun, (74) Anoara Begum, (75) Moyful Khatun, (76) Md. Shahin Alam, (77) Md. Hanif, (78) Mobarok Ali, (79) Achia Begum, (80) A. Malek, (81) Sultan Kha, (82) Shafia Begum, (83) Yanur Begum, (84) Shila Debnath, (85) A. Zabbar, (86) Shah Alam, (87) Shamsun Nahar, (88) A. Oadud, (89) Joynob Bibi, (90) Mohosin, (91) Joynal Abedin, (92) Md. Rubel, (93) Rashida Begum, (94) Fatema Bibi, (95) Rizia Begum, (96) Ranu Begum, (98) Saheda, (99) kamela Begum, (100) Motahar Hazi, (101) Kulsum, (102) Ali Azgar, (103) Amena Khatun, (104) Ratan Polban, (105) Marfot Begum, (106) Safia Begum, (107) Surma Begum, (108) Kamrul Islam, (109) Foyzullah Mridha, (110) Asmot Ali, (111) Monaf Hossain, (112) Ziaul Huq, (113) Chiru Bibi, (114) Nur Zahan, (115) Rofizol, (116) Onu Matbor, (117) A. Rahman, (118) Kaisar Hazi, (119) Aminul Bepari, (120) Morsheda Begum, (121) Gony

1. The Government of Bangladesh on behalf of the Secretary, Bangladesh Water Transport Ministry
2. Director General on behalf of the Bangladesh Sea Transport Authority
3. Chairman on behalf of the Bangladesh Inland Water Transport Authority
4. Director on behalf of Dhaka River Port
5. Chairman on behalf of the Bangladesh Inland Water Transport ( Passenger Transport) Authority
6. Md. Mamun Khan
7. M/S Siddique Navigation Company
8. Abdus Samad
9. Md. Rafiqul Islam
10. Abdul Mannan
11. Md. Josim Uddin
12. Jahangir Alam
13. Md. Akhtar Hossain
14. M/S Chittagong Ship Builders
15. Register of Inland Ships, BIWTA
16. Md. Joshim Uddin, Surveyor, BIWTA
17. Md. Shafikur Rahman, Investigator, Bangladesh Sea Transport Authority
18. Md. Saiful Islam, Port Staff, Dhaka River Port
19. Rayhan Uddin Ahmed, Trafic Inspector, Dhaka River Port
20. Md. Alamgir Hossain, Sareng, Dhaka River Port
21. Md. Aminul Islam, Sareng, Dhaka River Port

On 8/7/2003 the launch named M.V. Nasrin had sunk down in the Meghna-Dakatia river along with approximately 700 passengers by the attack of tornado. After this accident approximately 230 people were able to reach the safe zone, 110 peoples were died and 199 peoples were still now missing. Only compensation for this type of accident is not enough remedy for the aggrieved persons rather it need to ensure the implementation of the adequate punishment upon those responsible authorities whose lack of awareness and pre preparation to tackle this kind of natural calamities is actually responsible for this type of accident. By realizing this perspective on 5/7/2004 the 121 passengers who were luckily alived from this accident filed Money Suit No. 27 of 2004 in the Joint District Judge 3rd court, Dhaka by taking the assistance of BLAST against the responsible authorities for demanding 28,93,94,000/= as compensation. Afterwards the suit was delivered to Joint District Judge 7^th Court, Dhaka for disposal and the new number was given which was 344 of 2008.

The learned Joint District Judge 7^th Court, Dhaka delivered the exparte Judgment and partly Decree and directed the respondents to pay 28,93,94,000/- as compensation to the petitioners.

The learned Joint District Judge 7^th Court, Dhaka   rejected the Miscellaneous Case no. 02 of 2016 according to Order 9 Rule 13A of the Code of Civil Procedure 1908 and affirming the exparte Judgment and partly Decree delivered on 02.02.2016 by the Joint District Judge 7^th Court, Dhaka in the Money Suit  No. 344 of 2008.

After being heard both parties submission in regarding Civil Revision No. 3537 of 2016 the Hon’ble High Court Division issued the rule and delivered the stay order upon the implementation of the exparte Judgment and partly Decree delivered on 02/02/2016 by the learned Joint District Judge 7^th Court, Dhaka in the Money Suit No. 344/2008.

The Hon’ble High Court Division discharged the rule after being heard both parties submission in regarding Civil Revision No. 3537 of 2016 and affirmed the Judgment and Order delivered on 23/08/16 by the learned Joint District Judge 7^th Court, Dhaka in Miscellaneous Case no. 02 of 2016 and also quashed the stay order upon the implementation of the exparte Judgment and partly Decree delivered on 02/02/2016 by the learned Joint District Judge 7^th Court, Dhaka in the Money Suit No. 344/2008.

Mr. Justice Syed Md. Ziaul Karim

Mr. Justice Sheikh Md. Zakir Hossain

The petitioner (Bangladesh Inland Water Transport Authority) filed Civil Petition for Leave to Appeal No. 591 of 2018 in the Appellate Division of the Supreme Court Bangladesh against the Judgment and order dated 05.06.2017 passed by the Hon’ble High Court Division in Civil Revision No. 3537 of 2016.