PUBLIC INTEREST LITIGATION (PIL)

The State
Bangladesh Legal Aid and Services Trust (BLAST)-Intervenor

Two learned Advocate of this Court have drawn attention to news item published on Sunday 7 April 2018 in several dailies  relating to a road accident , which has led to the cripplement of a 26 year old lady, who is now undergoing treatment at Lab Aid Hospital, Dhanmondi, Dhaka.

On a perusal of the report, it appears that on Thursday 5th of April 2018 at about 9.00 am the victim was travelling on a rickshaw with her 6 years old daughter. When the rickshaw reached the foot over-bridge near New Market, Dhaka two buses belonging to Bikash Paribahon, attempted to overtake each other and in the process, crushed the rickshaw in which the victim was travelling along with her child Although the rickshaw puller and the child survived miraculously, the victim sustained severe injury of the spinal cord and is now in critical condition, undergoing treatment at LabAid Hospital, Dhaka.

The Court is constrained to observe that of late, and quite frequently, reports are being published in the newspaper every day relating to road accident caused by rash and negligent driving of public buses, leading to serious injuries, and even deaths of innocent persons. In the back-drop noted above, we are inclined to issue a Suo Moto Rule in the following terms:

Let a Suo Moto Rule be issued calling upon the respondents namely 1) Secretary, Ministry of Affairs, Bangladesh Secretariat, Dhaka, 2) Secretary, Ministry of Health, Bangladesh Secretariat, Dhaka, 3) Secretary, Ministry of Roads, Transport and Highway, Bangladesh Secretariat, Dhaka,4) Director General, Department of Public Health, Government of Bangladesh Dhaka, 5) Chairman, Road Transport Authority, Dhaka 6) Deputy Commissioner(Trafic) Dhaka Metropolitan Police (DMP) Dhaka, 7) Bikash Paribhan, NO. 6 Dhakeshawri  City Corporation Market, Azimpur Dhaka-1211 and 8) The Owners and Operators of Bikash Paribhan to show cause as to why their failure and/or inaction to ensure strict compliance with traffic laws and rules by public transports, particularly public buses, resulting in loss of valuable lives shall not be declared to be without lawful authority and further, as to why respondent no. 7 and 8 (Bikash Paribhan) shall not be directed to ensure proper treatment of the victim and bear all such expenses, and if necessary, send the victim abroad at their expense and also pay adequate compensation to the victim and further, as to why the concerned respondents shall not be directed to frame appropriate rules and regulations for limiting speed limit of public buses playing in the Metropolitan Cities and also determining the number of trips to be undertaken each day by each public bus and/or pass such other or further order or orders as to this Court may seem fit and proper.

Pending hearing and disposal of the Rule, respondents nos. 1,2 and 3 are hereby directed to ensure proper treatment of the victim, currently undergoing treatment  at LabAid Hospital and if necessary, send the victim abroad for better treatment, at  the cost of Bikash Paribhan.

Furthermore, pending hearing and disposal of the Rule, Bangladesh Road Transport Authority (BRTA)-respondents no. 4 is hereby directed to cancel/revoke the license of the two drivers involved in the said accident, upon compliance with due process of law.

Respondents no. 4 is directed to file a report with regard to the ongoing treatment and the physical conditions of the victim before this Court by 06.05.2018, positively.

The Rule is made returnable within 2(two) weeks from date.

Mr. Justice Zubayer Rahman Chowdhury
Mr. Justice Md. Iqbal Kabir