PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 1715 of 2010
Date of filing: 2010/02/28
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Petitioners

Mushtaque Ahmed Chowdhury

Intervenor: Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

Secretary, Ministry of Foreign Affairs

Facts

Mushtaq Chowdhury, a Supreme Court lawyer, filed a writ petition based on a news report published in the Daily ProthomAlo on 12.2.2010, challenging the continued incarceration of 156 prisoners, including 19 women, all Bangladeshi nationals, in Bahrampur Central Jail in West Bengal despite their having already served out their sentences for illegally crossing over the Indian border.  The prisoners reportedly could not return to Bangladesh because the Bangladeshi government had not issued travel documents for them. They were on hunger strike to press their demands for being repatriated. The High Court issued a Rule Nisi on 1.3.2010 upon the Ministry of Foreign Affairs and the Ministry of Home Affairs to show cause as to why they should not be directed to secure the return of the 156 Bangladeshi nationals. BLAST filed an application to appear as an intervenor in this matter to assist the Court with relevant information and materials for the ends of justice, and the Hon’ble Court was pleased to allow BLAST’s intervenor application on 15.04.2010.

Rule/Order/Judgment
Date: 01/03/2010


Details

A Rule Nisi issued calling upon the respondents to show cause as to why they shall not to be directed to make all out efforts through diplomatic devices, to secure the return of 156 Bangladeshi Nationals, reportedly  confined at the Bahorampur Central Jail, in the West Bengal State of India, without delay.

Justices

Mr. Justice A.H.M. Shamsuddin Choudhury

Mr. Justice Borhanuddin



Date: 07/04/2010


Details

An application to appear as an intervenor in the writ petition was submitted on behalf of the Bangladesh Legal Aid and Services Trust (BLAST).


Date: 15/04/2010


Details

After being heard the submission the court pleased to allow Bangladesh Legal Aid and Services Trust (BLAST) to appear in the writ petition as an intervener .

Justices

Mr. Justice A.H.M. Shamsuddin Choudhury

Mr. Justice Md. Delwar Hossain



Date: 20/04/2010


Details

An application for directions was submitted on behalf of the petitioners for issuing a direction upon the respondents to immediately take steps to ensure the release and repatriation of the said Md. Jahangir Alam, son of Md. Insan Ali and Md. Abdur Rahman, son of late Martuz Ali and in particular to seek the names of Bangladeshi prisoners currently detained in West Bengal as listed in the list dated 15.04.2010 issued by the Department of Correctional Homes of West Bengal.


Date: 09/05/2010


Details

The petitioners filed an added party application for adding the Director General (South Asia), South Asia Wing, the Ministry of Foreign Affairs as respondent No. 3 in this writ petition.

After being heard the submission of the petitioner's lawyer the court pleased to allow the application.

Justices

Mr. Justice A.H.M.Shamsuddin Choudhury

Mr. Justice Md. Delwar Hossain



Date: 11/05/2010


Details

The Court direct the added respondent no. 3 (Director General (South Asia), South Asia Wing, Ministry of Foreign Affairs) to furnish a dossier to this court, in the form of an affidavit, within 10 (ten) days from the date of the receipt of this order, explaining what action, if any, the Ministry of Foreign Affairs has so far taken, pursuant to the Rule, under consideration.

Justices

Mr. Justice A.H.M.Shamsuddin Choudhury

Mr. Justice Md. Delwar Hossain



Date: 08/06/2010


Details

An supplementary affidavit was submitted on behalf the petitioner in regarding to adduce the news reported in theNational Daily namely Prothom Alo dated on 04.06.2010 that 11 (eleven) Bangladeshis are languishing in a Special Jail situated in Shiliguri Sub-Division under Darjiling District of West Bengal even after expiry of 2 (two) years of their period of conviction.That it is further reported that they are trying to draw kind attention of the concerned authorities by undergoing hunger strike in vain to be repatriated to Bangladesh.


Date: 10/06/2010


Details

The Deputy High Commissioner of Bangladesh in Kolkata is directed to collect the names of as many persons as possible, who are allegedly, languishing in Berhampore and Shiliguri prisons. Beyond the terms of the prison sentence, they were subjected to, and send a copy of the list of to us by 15.7.2010.

This order is enclosed with the names of some 30 persons, allegedly overstaying their sentence in those prisons, reckoning that this list may be of help to the Deputy High Commissioner to initiate the investigative process.

The Deputy high Commissioner, Kolkata, is also directed to trace the reasons that led to the continued detention of the said persons, and inform us accordingly, through the learned Deputy Attorney General concerned, as soon as practicable.

Justices

Mr. Justice A.H.M. Shamsuddin Choudhury

Mr. Justice Md. Delwar Hossain



Date: 23/08/2010


Details

A supplementary affidavit was submitted on behalf of the intervenor to adduce

-the list of so called "Jan Khalash" prisoners (who have already served out their terms of sentence,

-the copy of a forwarding letter from Justice DK Basu, Chairperson of LASWEB,

-the letter from the Department of Correctional Facilities and a list of jan khalash prisoners in Behampore and Siliguri Jails in West Bengal India.


Database Last Updated on: 2018-09-16 11:34:43
Area of law
Life,
Safeguards on Arrest,
Liberty,
Freedom from torture
Keywords
Bangladeshi Prisoner’s in India
Relevant statute

Constitution, Articles 31 and 32; International Covenant on Civil and Political Rights 1966;

Vienna Convention on Consular Relations 1963





Case Number: Writ Petition No. 1715 of 2010
Date of filing: 2010/02/28

Petitioners

Mushtaque Ahmed Chowdhury

Intervenor: Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

Secretary, Ministry of Foreign Affairs

Facts

Mushtaq Chowdhury, a Supreme Court lawyer, filed a writ petition based on a news report published in the Daily ProthomAlo on 12.2.2010, challenging the continued incarceration of 156 prisoners, including 19 women, all Bangladeshi nationals, in Bahrampur Central Jail in West Bengal despite their having already served out their sentences for illegally crossing over the Indian border.  The prisoners reportedly could not return to Bangladesh because the Bangladeshi government had not issued travel documents for them. They were on hunger strike to press their demands for being repatriated. The High Court issued a Rule Nisi on 1.3.2010 upon the Ministry of Foreign Affairs and the Ministry of Home Affairs to show cause as to why they should not be directed to secure the return of the 156 Bangladeshi nationals. BLAST filed an application to appear as an intervenor in this matter to assist the Court with relevant information and materials for the ends of justice, and the Hon’ble Court was pleased to allow BLAST’s intervenor application on 15.04.2010.


Rule/Order/Judgment
Date: 01/03/2010:
Details

A Rule Nisi issued calling upon the respondents to show cause as to why they shall not to be directed to make all out efforts through diplomatic devices, to secure the return of 156 Bangladeshi Nationals, reportedly  confined at the Bahorampur Central Jail, in the West Bengal State of India, without delay.

Justices

Mr. Justice A.H.M. Shamsuddin Choudhury

Mr. Justice Borhanuddin


Date: 07/04/2010:
Details

An application to appear as an intervenor in the writ petition was submitted on behalf of the Bangladesh Legal Aid and Services Trust (BLAST).

Justices

Date: 15/04/2010:
Details

After being heard the submission the court pleased to allow Bangladesh Legal Aid and Services Trust (BLAST) to appear in the writ petition as an intervener .

Justices

Mr. Justice A.H.M. Shamsuddin Choudhury

Mr. Justice Md. Delwar Hossain


Date: 20/04/2010:
Details

An application for directions was submitted on behalf of the petitioners for issuing a direction upon the respondents to immediately take steps to ensure the release and repatriation of the said Md. Jahangir Alam, son of Md. Insan Ali and Md. Abdur Rahman, son of late Martuz Ali and in particular to seek the names of Bangladeshi prisoners currently detained in West Bengal as listed in the list dated 15.04.2010 issued by the Department of Correctional Homes of West Bengal.

Justices

Date: 09/05/2010:
Details

The petitioners filed an added party application for adding the Director General (South Asia), South Asia Wing, the Ministry of Foreign Affairs as respondent No. 3 in this writ petition.

After being heard the submission of the petitioner's lawyer the court pleased to allow the application.

Justices

Mr. Justice A.H.M.Shamsuddin Choudhury

Mr. Justice Md. Delwar Hossain


Date: 11/05/2010:
Details

The Court direct the added respondent no. 3 (Director General (South Asia), South Asia Wing, Ministry of Foreign Affairs) to furnish a dossier to this court, in the form of an affidavit, within 10 (ten) days from the date of the receipt of this order, explaining what action, if any, the Ministry of Foreign Affairs has so far taken, pursuant to the Rule, under consideration.

Justices

Mr. Justice A.H.M.Shamsuddin Choudhury

Mr. Justice Md. Delwar Hossain


Date: 08/06/2010:
Details

An supplementary affidavit was submitted on behalf the petitioner in regarding to adduce the news reported in theNational Daily namely Prothom Alo dated on 04.06.2010 that 11 (eleven) Bangladeshis are languishing in a Special Jail situated in Shiliguri Sub-Division under Darjiling District of West Bengal even after expiry of 2 (two) years of their period of conviction.That it is further reported that they are trying to draw kind attention of the concerned authorities by undergoing hunger strike in vain to be repatriated to Bangladesh.

Justices

Date: 10/06/2010:
Details

The Deputy High Commissioner of Bangladesh in Kolkata is directed to collect the names of as many persons as possible, who are allegedly, languishing in Berhampore and Shiliguri prisons. Beyond the terms of the prison sentence, they were subjected to, and send a copy of the list of to us by 15.7.2010.

This order is enclosed with the names of some 30 persons, allegedly overstaying their sentence in those prisons, reckoning that this list may be of help to the Deputy High Commissioner to initiate the investigative process.

The Deputy high Commissioner, Kolkata, is also directed to trace the reasons that led to the continued detention of the said persons, and inform us accordingly, through the learned Deputy Attorney General concerned, as soon as practicable.

Justices

Mr. Justice A.H.M. Shamsuddin Choudhury

Mr. Justice Md. Delwar Hossain


Date: 23/08/2010:
Details

A supplementary affidavit was submitted on behalf of the intervenor to adduce

-the list of so called "Jan Khalash" prisoners (who have already served out their terms of sentence,

-the copy of a forwarding letter from Justice DK Basu, Chairperson of LASWEB,

-the letter from the Department of Correctional Facilities and a list of jan khalash prisoners in Behampore and Siliguri Jails in West Bengal India.

Justices


Reference

Area of law
Life,  Safeguards on Arrest,  Liberty,  Freedom from torture

Keywords
Bangladeshi Prisoner’s in India

Relevant statute

Constitution, Articles 31 and 32; International Covenant on Civil and Political Rights 1966;

Vienna Convention on Consular Relations 1963


Related Proceedings
Database Last Updated on: 2018-09-16 11:34:43
Full Judgment Link: http://bdpil.org.bd/assets/uploads/pdf/be853-wp-no.-1715-of-2010.pdf