Case Number: Writ Petition No. 14110 of 2025
Date of filing: 24/08/25
Petitioners:
- Bangladesh Legal Aid and Services Trust (BLAST),
- Ain o Shalish Kendra (ASK)
Respondents
2. Office of the Deputy Commissioner, Gazipur Sadar.
3. Administrator, Gazipur City Corporation, Nobin Bazar, Gazipur Sadar.
4. Chief Engineer, Roads and Highways Department, Gazipur Division.
Facts:
Date: 2024/04/22
On 29.07.2025, Faria Tasnim (Jyoti), 32-year-old women died after falling into an uncovered manhole while walking along a footpath near Imperial Hospital, Tongi, on the Dhaka–Mymensingh Highway. Despite rescue efforts by residents, the Fire Service, and Gazipur City Corporation, her body recovered 37 hours after 37 hours from Shalikchura Beel, where the drain flows. Subsequent findings indicate that the drain had remained uncovered for several days without any warning signs or safety measures, despite being located in a high pedestrian traffic area. The incident raises serious concerns regarding public safety and the failure of responsible authorities to maintain hazard-free infrastructure, implicating violations of the right to life and personal safety under Articles 31 and 32 of the Constitution of Bangladesh. A further report highlighted that at least 25 drains and manholes remain uncovered within a four-kilometre stretch of the same highway, often marked only by makeshift warnings. These conditions, particularly during rainfall and at night, have led to multiple similar fatalities across the country.
Rule: Rule Nisi and direction
On 3rd September 2025, after a preliminary hearing of the Public Interest Litigation (Writ Petition No.14110 of 2025) a bench of the High Court Division comprising Mr. Justice Md. Akram Hossain Chowdhury and Mr. Justice Foyej Ahmed issued show cause notice upon the Respondent Nos 1-4 to show cause as to why the failure of the respondents to secure the open drains on the footpath adjacent to Imperial Hospital, Tongi, Gazipur and on the Dhaka-Mymensingh Highway should not be declared to have been made without lawful authority and in violation of the fundamental rights guaranteed under Articles 31 and 32 of the Constitution of the Peoples Republic of Bangladesh and/or pass such other or further order or orders as to this Court may seem fit and proper. Pending hearing of the rule, the respondents are directed to initiate an investigation into the circumstances leading to the failure in maintaining the drain. Safety which caused the Ms. Tasnim’s death and to provide the report with their findings and recommendations to this Court within 90 (ninety) days from the date of receipt of the order and urgently implement remedial safety measures, including covering all open drains and manholes, creating protective barriers and installing visible warning signs to prevent further casualties; and publicly disclose the findings of the investigation and the remedial steps taken to ensure accountabilities and report the same to the Hon’ble Court within 90 (ninety) days from the date receipt of this order.
03.09.2025
Details
Justices
Mr. Justice Md. Akram Hossain Chowdhury and Mr. Justice Foyej Ahmed
Area of law:
Article 31 and 32 of Bangladesh Constitution.
Keywords
Relevant statute
Local Government (City Corporation) Act, 2009
Details