PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Suo Moto Rule No 03 of 2017
Date of filing:
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Petitioners

1.The State;

2.Bangladesh Legal Aid and Services Trust (BLAST) (Intervener)

Respondents

1.Secretary of Ministry of Home Affairs;

2.Secretary, Ministry of Local Government and Rural development;

3.Inspector General of Police;

4.deputy Commissioner, Lakshmipur

5.Superintendent of Police, Lakshmipur;

6.Upazila Nirbahi Officer, Kamlanagar,Lakshmipur;

7.Officer-in-Charge, Kamalnagar, Police Station;

8.Yusuf Ali, Chairman of Char Martin Union Parishad

Facts

Yusuf Ali, Chairman of the Char Martin Union Parishad was seen imposing extra-judicial punishment on a man and woman in the name of ‘fatwa’ by kicking a man on the floor in the name of arbitration, following the allegation that the man eloped with a girl who was said to be his sister-in-law.

The matter was brought to the notice of the Officer-in-Charge of the local Police Station namely, Kamalnagar Police Station under District-Lakshmipur, who failed to perform his duty by stating that steps would be taken if someone would register the complaint over the incident.

Rule/Order/Judgment
Date: 14/02/2017


Details

The High Court issued a Suo Moto Rule calling upon the respondent Nos. 1-7 to show cause as to why they shall not be directed to take appropriate legal action against Yusuf Ali, Chairman of Char Martin Union Parishad under the Kamalnagar Police Station, Lakshmipur  and others for taking the law in their own hands and imposing extra judicial punishment on a man and a woman purportedly the sister-in-law of the man and why departmental as well as legal action should not be taken against the Officer-in-Charge of Kamalnagar Police Station namely, Atul Chandra Biswas for failing to discharge his official as well as statutory duty against the perpetrators, who took the law in their own hands  and executed extra judicial punishment in violation of the fundamental rights of the citizens of the country as guaranteed under Articles 27, 31, 32, 35(5) and 43 of the Constitution and/or why such other or further order or orders as  to this Court may seem fit and proper, should not be passed.

The Officer-in-Charge of Kamalnagar Police Station under Lakshmipur was directed to appear before this Court along with Yusuf Ali in person on 22.02.2017 to explain their conducts with regards to the facts and allegations. The officer-in-Charge is further directed to find out the victims and furnish their particulars before the Court and was further directed to submit a report as to whether Yusuf Ali had any accomplices in committing the offence and if any, he is to submit their particulars.

The Superintendent of Police, Lakshmipur was directed to provide proper security to the said man and woman, who were victims of physical torture by Yusuf Ali and others and ensure the appearance of Officer-in-Charge and Yusuf Ali before this Court on 22.02.2017.

 

Justices

Justice Gobinda Chandra Tagore

Justice A.K.M. ShahidulHuq

 



Database Last Updated on:
Area of law
Keywords
Extra Judicial Punishment
Relevant statute

Article 27, 31, 32, 35 (5), 43, Constitution





Case Number: Suo Moto Rule No 03 of 2017
Date of filing:

Petitioners

1.The State;

2.Bangladesh Legal Aid and Services Trust (BLAST) (Intervener)

Respondents

1.Secretary of Ministry of Home Affairs;

2.Secretary, Ministry of Local Government and Rural development;

3.Inspector General of Police;

4.deputy Commissioner, Lakshmipur

5.Superintendent of Police, Lakshmipur;

6.Upazila Nirbahi Officer, Kamlanagar,Lakshmipur;

7.Officer-in-Charge, Kamalnagar, Police Station;

8.Yusuf Ali, Chairman of Char Martin Union Parishad

Facts

Yusuf Ali, Chairman of the Char Martin Union Parishad was seen imposing extra-judicial punishment on a man and woman in the name of ‘fatwa’ by kicking a man on the floor in the name of arbitration, following the allegation that the man eloped with a girl who was said to be his sister-in-law.

The matter was brought to the notice of the Officer-in-Charge of the local Police Station namely, Kamalnagar Police Station under District-Lakshmipur, who failed to perform his duty by stating that steps would be taken if someone would register the complaint over the incident.


Rule/Order/Judgment
Date: 14/02/2017:
Details

The High Court issued a Suo Moto Rule calling upon the respondent Nos. 1-7 to show cause as to why they shall not be directed to take appropriate legal action against Yusuf Ali, Chairman of Char Martin Union Parishad under the Kamalnagar Police Station, Lakshmipur  and others for taking the law in their own hands and imposing extra judicial punishment on a man and a woman purportedly the sister-in-law of the man and why departmental as well as legal action should not be taken against the Officer-in-Charge of Kamalnagar Police Station namely, Atul Chandra Biswas for failing to discharge his official as well as statutory duty against the perpetrators, who took the law in their own hands  and executed extra judicial punishment in violation of the fundamental rights of the citizens of the country as guaranteed under Articles 27, 31, 32, 35(5) and 43 of the Constitution and/or why such other or further order or orders as  to this Court may seem fit and proper, should not be passed.

The Officer-in-Charge of Kamalnagar Police Station under Lakshmipur was directed to appear before this Court along with Yusuf Ali in person on 22.02.2017 to explain their conducts with regards to the facts and allegations. The officer-in-Charge is further directed to find out the victims and furnish their particulars before the Court and was further directed to submit a report as to whether Yusuf Ali had any accomplices in committing the offence and if any, he is to submit their particulars.

The Superintendent of Police, Lakshmipur was directed to provide proper security to the said man and woman, who were victims of physical torture by Yusuf Ali and others and ensure the appearance of Officer-in-Charge and Yusuf Ali before this Court on 22.02.2017.

 

Justices

Justice Gobinda Chandra Tagore,  

Justice A.K.M. ShahidulHuq

 ,  



Reference

Area of law

Keywords
Extra Judicial Punishment

Relevant statute

Article 27, 31, 32, 35 (5), 43, Constitution


Related Proceedings
Database Last Updated on:
Full Judgment Link: http://bdpil.org.bd/assets/uploads/pdf/f35fd-suo-moto-rule-03-of-2017.pdf