PUBLIC INTEREST LITIGATION (PIL)

Farzana Sultana (Nila)

1. University of Dhaka;

2. The Registrar, University of Dhaka

3. The Deputy Registrar (Inquiry), University of Dhaka;

4. Professor A.F.M Yusuf Haidar, Department of Physics, University of Dhaka

5. Professor Harunur Rashid, Pro-vice Chancellor, University of Dhaka;

6. Dr.MdKamaluddin, Associate Professor, Department of Psychology, University of Dhaka;

On 03.03.2003 at about 10.00 PM the Petitioner, when she was the student of 4^th year in the Department of Psychology, on her way to the Department Office was passing by the room of the respondent No. 6 an Associate Professor of the Department, when he asked her to come to his room. While in her office he made indecent proposal to her and then suddenly indecently assaulted her physically and attempted to proceed further. She manages to free herself and got out of the room.

After that the respondent No. 6 on that very day called the Petitioner and told her not to disclose the incident to anyone. He continued to make Phone calls to her with the same request and then went further by asking her to go out with him and even showed the audacity to ask her to go abroad with him.    

A Rule Nisi be issued, calling upon the respondents to show cause as to why the impugned proceeding by the second inquiry committee headed by the respondent No.5, after dismissing the first inquiry Committee, which had already given an ‘Interim Report’ should not be declared to have been passed illegally, without lawful authority and is of no legal effect.  

Pending hearing of the Rule, let all further proceedings of the disciplinary proceeding against the respondent no. 6, be stayed for a period of 03 (three) months from date.

The respondents are directed to transmit all the relevant papers and documents pertaining to the allegation against respondent no. 6 on sexual harassment by the petitioner, to this court immediately. 

Mr. Justice A.H.M. Shamsuddin Choudhury
Mr. Justice Md. Delwar Hossain

An application for direction was submitted on behalf of the petitioner for

– staying the operation of the order dated 07.04.10 directing the petitioner to appear before the inquiry committee headed by the respondent no. 5 (Professor Harunur Rashid, Pro Vice Chancellor, University of Dhaka, Dhaka-1000) and further to stay all further proceedings of the said Committee,

– calling the records of the proceedings of the Committee headed by respondent no.4 (Professor A.F.M. Yusuf Haider, Department of Physics, University of Dhaka, Dhaka-1000) and 5 (Professor Harunur Rashid, Pro Vice Chancellor, University of Dhaka, Dhaka-1000) .

After being heard the direction application the court pleased to allow the said application and direct the petitioner to appear before the inquiry committee heard by the respondent no. 5 and all further proceedings of the said committee be stayed for a period of 3 (three) months from date. 

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

Let the order of stay granted earlier by this court be extended for a further period of 06 (six) months from date.

Mr. Justice M. Moazzam Hussain
Mr. Justice Md. Habibul Gani

After being heard the submission the said court discharged the case for default.

Mr. Justice M. Moazzam Husain
Mr. Justice Md. Badruzzaman