PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 6353 of 2003
Date of filing: 2003/10/23
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Petitioners

1. Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

1. Secretary, Ministry of Home Affairs
2. Inspector General of Prison
3. Jailor, Dhaka Central Jail

Facts

BLAST filed a writ petition challenging the continued detention of nineteen foreign nationals of different countries in Dhaka Central Jail beyond and above their terms of conviction, based on news reports published in the Daily Janakantha and the Daily Star on 10.09.2003.The petitioners argued that the continued incarceration of the nineteen foreign prisoners was without lawful authority and arbitrary and that their continued detention violated the rights to equal protection of law, to liberty and to be presumed innocent unless proven guilty, as guaranteed under Articles 31, 32 and 35 of the Constitution.

Rule/Order/Judgment
Date: 16/11/2003


Details

The High Court issued a Rule Nisi upon the respondents to show cause as to why the foreign prisoners should not be brought before the Court so that it may satisfy itself that they are not being held in custody without lawful authority or in an unlawful manner.

Justices

Mr. Justice Amirul Kabir Chowdhury
Mr. Justice Syed A.B. Mahmudul Haque



Database Last Updated on: 2017-02-12 15:26:45
Area of law
Life,
Liberty,
Fair Trial,
Access to Justice,
Speedy Trial,
Prisoner’s Rights
Keywords
Unlawful detention
Relevant statute

Constitution Articles 31, 32 and 35; International Covenant on Civil and Political Rights, 1966, Articles 9(1), 9(2) and 9(4)





Case Number: Writ Petition No. 6353 of 2003
Date of filing: 2003/10/23

Petitioners

1. Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

1. Secretary, Ministry of Home Affairs
2. Inspector General of Prison
3. Jailor, Dhaka Central Jail

Facts

BLAST filed a writ petition challenging the continued detention of nineteen foreign nationals of different countries in Dhaka Central Jail beyond and above their terms of conviction, based on news reports published in the Daily Janakantha and the Daily Star on 10.09.2003.The petitioners argued that the continued incarceration of the nineteen foreign prisoners was without lawful authority and arbitrary and that their continued detention violated the rights to equal protection of law, to liberty and to be presumed innocent unless proven guilty, as guaranteed under Articles 31, 32 and 35 of the Constitution.


Rule/Order/Judgment
Date: 16/11/2003:
Details

The High Court issued a Rule Nisi upon the respondents to show cause as to why the foreign prisoners should not be brought before the Court so that it may satisfy itself that they are not being held in custody without lawful authority or in an unlawful manner.

Justices

Mr. Justice Amirul Kabir Chowdhury,   Mr. Justice Syed A.B. Mahmudul Haque



Reference

Area of law
Life,  Liberty,  Fair Trial,  Access to Justice,  Speedy Trial,  Prisoner’s Rights

Keywords
Unlawful detention

Relevant statute

Constitution Articles 31, 32 and 35; International Covenant on Civil and Political Rights, 1966, Articles 9(1), 9(2) and 9(4)


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45