PUBLIC INTEREST LITIGATION (PIL)

1.    Bangladesh Legal Aid and Services Trust (BLAST)
2.    Ain O Salish Kendra (ASK)

1. Secretary, Ministry of Law Justice and Parliamentary Affairs
2. Secretary, Ministry of Hill Tracts Affairs
3. Secretary, Ministry of Establishment
4. Registrar, Supreme Court
5. District Judge, Rangamati Hill District
6. District Judge, Bandarban Hill District
7. District Judge, Khagrachari Hill District
8. DC, Rangamati Hill District
9. DC, Bandarban Hill District
10. DC, Khagrachari Hill District
11. Chittagong Hill Tracts Regional Council
12. Barrister Raja Devasish Roy
13. Raja Saching Pure Chowdhury
14. Raja U Cho Prue Marma

BLAST and Ain o Salish Kendra (ASK) filed a writ petition challenging Section 1(2) of the Family Court Ordinance, 1985 which bars applicability of the Family Court Ordinance in three hill districts, Rangamati, Khagrachari and Bandarban. These three districts in the Chittagong Hill Tracts are administered under the Chittagong Hill Tracts Regulation, 1900, which was amended by Act No. 38 of 2003, establishing Civil and Criminal Courts in the region. Under the amended Section 8(2) of the Regulation, the Joint District Judge has original jurisdiction in all civil matters except those arising out of family law and other customary laws of the tribal people. Section 8(4) empowers the Mouza Headman and Circle Chief to deal with cases arising out of family laws and other customary laws of a particular community (‘tribe’), but is silent about those who are not indigenous peoples (‘non-tribals’). Section 4(1) and 4(2) of the Family Court Ordinance, 1985 read together establish that an Assistant Judge’s Court shall serve as a Family Court and there shall be as many Family Courts as Assistant Judge’s Courts. There being no Assistant Judge’s Court in the three hill districts, the ‘non-tribal’ people are deprived of access to judicial remedies with respect to family disputes.

On 03.05.2009 after a preliminary hearing of the Public Interest Litigation (Writ Petition No. 2813 of 2009) a division bench of the High Court Division comprising Mr. Justice A.B.M. Khairul Haque and  Mr. Justice Md. Mamtaz Uddin Ahmed issued a Rule Nisi calling upon the Respondents to show cause as to why the Section 1(2) of The Family Courts Ordinance, 1985 should not be declared void and ultra vires as the same is inconsistent with the Constitution of the People’s Republic of Bangladesh and why they should not be directed to take immediate steps extending applicability of the Family Courts Ordinance, 1985 in the Rangamati Hill Tract, Bandarban Hill Tract and Khagrachari Hill Tract Districts.

Mr. Justice A.B.M. KhairulHaque

Mr. Justice Md. Mamtaz Uddin Ahmed