PUBLIC INTEREST LITIGATION (PIL)

Md. Shahidul Islam

1.Chairperson, ECNEC, Ministry of Planning
2.Secretary, Ministry of Food and Disaster Management
3.Secretary, Ministry of Finance
4.Secretary, Economic Relations Division, Ministry of Finance
5.Secretary, Planning Commission
6.Secretary, Ministry of Water Resources
7.Cabinet Secretary, Cabinet Division
8.Secretary, President Secretariat, Bangabhaban
9.Principal Secretary to the Prime Minister
10.Secretary, Ministry of Law, Justice and Parliamentary Affairs
11.Secretary, Bangladesh JatiyoSangsad Secretariat
12.Director General, Disaster Management Bureau (DMB)
13.Chairman, Water Development Board

The Writ Petition was filed in the matter of inaction of the respondents to restore and recover livelihood and property of the people seriously affected by Cyclone Aila on 25 May 2009, which went over 64 Upazillas of 11 districts in Bangladesh. The petitioner was further aggrieved by mismanagement in tackling the said disaster and leaving the distressed victims of Cyclone Aila in an awful condition without any sustainable initiative by the respondents to mitigate their miseries and to get the affected people restored. The petitioner was further aggrieved by the absence of any law on disaster management in Bangladesh

The High Court issued a Rule Nisi upon the respondents to show cause as to why they should not be directed to take appropriate steps to ensure operation of disaster management in Bangladesh, contemplating provisions for prevention of danger or threat of disaster, reduction of risk of disaster, capacity building, preparedness, prompt response, assessing severity of effect, rescue, relief, rehabilitation and reconstruction for recovery and provisions for allocation of disaster management fund annually, set guidelines for the minimum standard of relief to be distributed, lay down responsibilities of different Ministries and, in case of failure of responsible officials, to identify the penalties may be imposed, provisions for constituting a Disaster Response Force, provisions for offences and penalties under the Disaster Management Act. Also, the Rule asked Respondents to explain why they should not be ordered to secure reconstruction of 1742 km of embankment in64 Upazilla districts destroyed by the cyclone, and to secure educational institutions, roads and culverts to restore livelihoods.

Mr. Justice A.H.M. Shamsuddin Choudhury
Mr. Justice Sheikh Md. Zakir Hossain