PUBLIC INTEREST LITIGATION (PIL)

1. Children’s Charity Bangladesh Foundation (CCB Foundation)
2. Bangladesh Legal Aid and Services Trust (BLAST)

1. Secretary, Ministry of Home Affairs
2. Secretary, Ministry of Railway
3. DG, Fire Service and Civil Defence
4. DG, Bangladesh Railway
5. Director, Fire Service and Civil Defence
6. Chairman, WASA
7. Administrator, Dhaka South City Corporation
8. Dhaka Metropolitan Police Commissioner
9. Deputy Commissioner of Police
10. OC, Shahjahanpur Police Station

Zihad, a 4 years old boy while playing in the Shahjahanpur Railway Colony playground fell inside the 16 inches uncovered shaft  which was left abandoned by Bangladesh Railway and WASA authorities. The said tragic incident took place at 3.30 p.m. on 26.12.2014 which was broadcast throughout all electronic and print media of the country. As a part of rescue operation the respondent nos. 3(DG, Fire Service and Civil Defence), 5(Director (Operation and Maintenance) Fire Service Headquarter, Kazi Alauddin Road) and 6(The Administrator, Dhaka South City Corporation, Nagar Bhaban, Ramna, Fulbaria, Dhaka) sent down cameras through the said shaft to see the condition of the boy. However, the said camera being unworkable, they brought about another camera in order to see his condition without taking fruitful step to rescue him immediately. After being continued the said camera show down for 10-12 hours the respondent Nos. 3(DG, Fire Service and Civil Defence) and 5(Director (Operation and Maintenance) Fire Service Headquarter, Kazi Alauddin Road) ultimately abandoned the rescue operation of the said child in public and left the place of occurrence. Immediate thereafter a group of five young volunteers by using their hand- made device pulled up the dead body of the said child from the said pipe within a short time after it was declared by the respondents concern that there was nothing in the pipe, leaving the whole nation frustrated, mum and shocked. Being aggrieved by and dissatisfied with this incident the petitioner filed the said writ petition in the High Court Division.

The High Court Division issued rule nisi calling upon the respondents to show cause as to why the inaction and/or negligence, and/or failure on the part of the respondent Nos. 2, 4, 6 and 7 and the respondent Nos. 3, 4 and 5 respectively in respect of rescuing a minor boy of 4(four) years named Jihad which resulted in his tragic and shocking death, as reported in all the national dailies and medias particularly in the “Daily Prothom Alo” and the “Daily Star” dated 27.12.2014 and 28.12.2014 (Annexure- A,A-1,A-2 and A-3 respectively) should not be declared to be illegal, without lawful authority and hence, of no legal effect being violative of the law of the country, as well as his fundamental rights as guaranteed under Articles 31, 32 and 36 of the Constitution of the People’s Republic of Bangladesh; and accordingly, why the respondent Government /Ministry concern should not be directed to take appropriate steps against the concerned officials /respondents for failing to discharge their respective duties in accordance with law; also as to why the respondents concern should not be directed to give compensation of Tk. 30,00,000/-  (thirty lac taka) only to  the respective family members of the said deceased for gross negligence and violation of his fundamental rights as guaranteed under Articles 31 and 32 of the Constitution of the People’s Republic of Bangladesh; also as to why the respondent Nos. 2, 4, 6 and 7 should  not be directed to make a list of pipes, wells, tube wells, sewerage pipes, holes and water tanks left uncared for or uncovered or unsafe throughout the country under their jurisdiction and submit a list to that effect before this  Court within a prescribed period; further, as to why the respondent Nos. 3 and 5 should not be directed to produce before this Court all information, data on purchase of expenditure on modern technologies and expertise so far they had with regard to rescuing people in life threatening accidents, particularly in the cases of falling in uncared pipes, holes, water-tanks, water-bodies, sewerage pipes, drowning, entrapping in fences etc. causing death-traps and or such other or further order or orders passed as to this court may seem fit and proper.

Mrs. Justice Farah Mahbub
Mr. Justice Kazi Md. Ejarul Haque Akondo

The court pleased to add Bangladesh Legal Aid and Services Trust (BLAST) as Intervener of the Writ Petition.

On May, 2015 an  Affidavit-in-Opposition was submitted on behalf of the  Respondent No. 4 (Director-General, Bangladesh Railway, Railway Bhavan, Abdul Gani Road, Dhaka).

Affidavit- in- compliance was submitted on behalf of the respondent no. 5 (Director (Operation and Maintenance) Fire Service Headquarter, Kazi Alauddin Road).

Affidavit- in- compliance was submitted on behalf of the respondent no. 5 (Director (Operation and Maintenance) Fire Service Headquarter, Kazi Alauddin Road).

Affidavit- in- compliance was submitted on behalf of the respondent no. 5 (Director (Operation and Maintenance) Fire Service Headquarter, Kazi Alauddin Road).

Affidavit of Reply to the facts of the petitioner  was submitted on behalf of the respondent no. 5 (Director (Operation and Maintenance) Fire Service Headquarter, Kazi Alauddin Road).

On November, 2015  an Affidavit-in-Opposition was submitted on behalf of the respondent nos. 3(DG, Fire Service and Civil Defence)  & 5 (Director (Operation and Maintenance) Fire Service Headquarter, Kazi Alauddin Road).

The honourable court made the rule absolute.

After being considered the socio-economic position of the country and also kept in view of the applicable laws of the country with regard to award of compensation, instead of awarding  30,00,000/- (thirty lacs taka) as compensation, as claimed by the petitioner, the court  directed the respondent no.4 ( DG, Bangladesh  Railway) to pay the sum of 10,00,000/- (ten lacs taka) and the respondents nos. 3 (DG, Fire Service and Civil Defence) and 5 ( Director, Fire Service and Civil Defence) to pay the sum of 10,00,000/- (ten lacs taka) to the respective parents of the victim named Jihad as monetary compensation within 90 (ninety) days from the date of receipt of the copy of this judgment and order. The court also mentioned that this order of compensation will not impede/affect other liabilities, if there be any, of the respondents concern or its officials resulting from the death of the said victim.

Mrs. Justice Farah Mahbub
Mr. Justice Kazi Md. Ejarul Haque Akondo

An application for stay the operation of the judgment and order passed by the High Court Division on 18.02.16 in the Writ Petition No. 12388 of 2014 till the disposal of the petition for leave to appeal was filed on behalf of the respondents in the Appellate Division of the Supreme Court.

After being heard both parties submission the Appellate Division dismissed Civil Petition for Leave to Appeal No. 3929/2017.