PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition no. 1809 of 2019
Date of filing: 2019/02/17
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Petitioners

Children’s Charity Bangladesh Foundation (CCB Foundation)

Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

The Secretary, Ministry of Home Affairs, People’s Republic of Bangladesh

The Inspector-General of  Police, Bangladesh Police

Superintendent of Police, Minikgonj SP Office, Manikgonj

Additional Superintendent of Police, Minikgonj SP Office, Manikgonj

Officer-in-Charge,  Saturia Police Station,  Manikgonj

Sekandar Hossain, Sub-Inspector, Saturia Police Station,  Manikgonj

Mazharul Islam,  Assistant Sub-Inspector, Saturia Police Station,  Manikgonj

Keeper or Manager of the Rest-House, Saturia District Rest-House (Dak-Bunglow), Manikganj

Facts

Manikganj Superintendent of Police, Rifat Rahman Shamin, said Sub-Inspector Sekandar Hossain borrowed Tk1 lakh from a woman in 2014, promising to return it with interest. On February 6, the woman went to the police station with her niece. They met with SI Sekandar who took them to a bungalow nearby, where Assistant Sub-Inspector Mazharul Islam joined them. After speaking for a while, the two police officers separated the two women and locked them in adjoining rooms. The younger woman was forced at gunpoint to consume yaba, and was subsequently raped several times. The two women were locked in their rooms till Friday morning, when they were thrown out of the bungalow. On Sunday afternoon, the younger woman submitted a written complaint to the Manikganj SP, which led to the withdrawal of the two officers and formation of a committee to investigate the matter.

Inaction and/or negligence, and/or failure on the part of the Respondents Nos. 1-4 in respect of gang rape a 22 year-old-young college girl at Satuaria Rest-House (Dak-Banglow) from 6th February by the Respondent No. 6 and 7 with the direct instigation of the Respondent No. 5 as reported in Daily Prothom Alo dated 11.02.2019, 12.02.2019; Daily Star online edition, daily Independent Online version, daily Newage and daily Manobjamin all dated 12.02.2019 being violative  of law of the country and contrary to Articles 31, 32 and 36 of the Constitution of the People’s Republic of Bangladesh.

Rule/Order/Judgment
Date: 19/03/2019


Details

Rule Nishi be issued calling upon the respondents to show cause as to why the inaction/negligence/failure on the part of the respondents nos. 1-5 and 8 in respect of perpetration of gang rape of 22 years-old-college girl at Saturia Rest-House (Dak-Binglow) under Police Stations Sauria, District-Manikganj from 6th February to 8th February 2019 by respondent nos. 6 and 7 being abetted by the respondent nos. 5 and 8 reported in ‘ The Daily Prothom Alo’ dated 11.02.2019 and 12.02.2019 (Annexures-‘C’ and ‘C-1’ to the Writ petition), the Daily Star online edition, the Daily Independent online version, the Daily Newage and the Manobjamin all dated 12.02.2019(Annexures-‘D series’ to the Writ petition) should not be declared to be  without lawful authority and of no legal effect and why the respondents should not be directed to devise a comprehensive scheme and make guidelines to ensure that the Government and Government- controlled Houses, Motels, Guest Houses, Hotels, Rest-houses, Dak- Bunglows, Police Stations, Rest-rooms in police stations, Safe-homes and Public Places are adequately safe and secure for women, girls and children and that they are not prone to any kind of sexual abuse of violations in any manner so as to affect their right to life as guaranteed by the Constitution and why the respondents should not be directed to award compensation to the tune of Tk. 50,00,000/- to the victim of gang rape for gross violation of her human rights and right to life guaranteed under Articles 31 and 32 of the Constitution and/or such other or further order or orders passed as to this Court may seem fit and proper.

However, we direct the respondents to transmit the copies of necessary papers and documents relating to lodgment of the FIR against the respondent nos. 6 and 7 and the Progress of investigation of the case so far made to this Court within 30(thirty) days from the date of receipt of a copy of this order by filing Affidavits-in-Compliance.

The Rule is returnable within 4(Four) week from date.

The petitioners are directed to put in requisites for service of notice upon the Respondents by registered post as well as through usual process within 3 (three) working days, failing which, the Rule shall stand discharged.

Justices

Mr. Justice Moyeenul Islam Chowdhury

Mr. Justice Md. Ashraful Kamal



Database Last Updated on: 2019-06-30 00:00:00
Area of law
Equality,
Women’s Rights,
Access to Justice,
Speedy Trial,
Violence Against Women
Keywords
22 year-old-young college girl raped , Compensation to Rape Victim’s
Relevant statute

Articles 102(1) and 102(2),  31, 32 and 36 of the Constitution of Bangladesh

Section 375, 376, 376A, 376B and 376D of the Penal Code, 1860





Case Number: Writ Petition no. 1809 of 2019
Date of filing: 2019/02/17

Petitioners

Children’s Charity Bangladesh Foundation (CCB Foundation)

Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

The Secretary, Ministry of Home Affairs, People’s Republic of Bangladesh

The Inspector-General of  Police, Bangladesh Police

Superintendent of Police, Minikgonj SP Office, Manikgonj

Additional Superintendent of Police, Minikgonj SP Office, Manikgonj

Officer-in-Charge,  Saturia Police Station,  Manikgonj

Sekandar Hossain, Sub-Inspector, Saturia Police Station,  Manikgonj

Mazharul Islam,  Assistant Sub-Inspector, Saturia Police Station,  Manikgonj

Keeper or Manager of the Rest-House, Saturia District Rest-House (Dak-Bunglow), Manikganj

Facts

Manikganj Superintendent of Police, Rifat Rahman Shamin, said Sub-Inspector Sekandar Hossain borrowed Tk1 lakh from a woman in 2014, promising to return it with interest. On February 6, the woman went to the police station with her niece. They met with SI Sekandar who took them to a bungalow nearby, where Assistant Sub-Inspector Mazharul Islam joined them. After speaking for a while, the two police officers separated the two women and locked them in adjoining rooms. The younger woman was forced at gunpoint to consume yaba, and was subsequently raped several times. The two women were locked in their rooms till Friday morning, when they were thrown out of the bungalow. On Sunday afternoon, the younger woman submitted a written complaint to the Manikganj SP, which led to the withdrawal of the two officers and formation of a committee to investigate the matter.

Inaction and/or negligence, and/or failure on the part of the Respondents Nos. 1-4 in respect of gang rape a 22 year-old-young college girl at Satuaria Rest-House (Dak-Banglow) from 6th February by the Respondent No. 6 and 7 with the direct instigation of the Respondent No. 5 as reported in Daily Prothom Alo dated 11.02.2019, 12.02.2019; Daily Star online edition, daily Independent Online version, daily Newage and daily Manobjamin all dated 12.02.2019 being violative  of law of the country and contrary to Articles 31, 32 and 36 of the Constitution of the People’s Republic of Bangladesh.


Rule/Order/Judgment
Date: 19/03/2019:
Details

Rule Nishi be issued calling upon the respondents to show cause as to why the inaction/negligence/failure on the part of the respondents nos. 1-5 and 8 in respect of perpetration of gang rape of 22 years-old-college girl at Saturia Rest-House (Dak-Binglow) under Police Stations Sauria, District-Manikganj from 6th February to 8th February 2019 by respondent nos. 6 and 7 being abetted by the respondent nos. 5 and 8 reported in ‘ The Daily Prothom Alo’ dated 11.02.2019 and 12.02.2019 (Annexures-‘C’ and ‘C-1’ to the Writ petition), the Daily Star online edition, the Daily Independent online version, the Daily Newage and the Manobjamin all dated 12.02.2019(Annexures-‘D series’ to the Writ petition) should not be declared to be  without lawful authority and of no legal effect and why the respondents should not be directed to devise a comprehensive scheme and make guidelines to ensure that the Government and Government- controlled Houses, Motels, Guest Houses, Hotels, Rest-houses, Dak- Bunglows, Police Stations, Rest-rooms in police stations, Safe-homes and Public Places are adequately safe and secure for women, girls and children and that they are not prone to any kind of sexual abuse of violations in any manner so as to affect their right to life as guaranteed by the Constitution and why the respondents should not be directed to award compensation to the tune of Tk. 50,00,000/- to the victim of gang rape for gross violation of her human rights and right to life guaranteed under Articles 31 and 32 of the Constitution and/or such other or further order or orders passed as to this Court may seem fit and proper.

However, we direct the respondents to transmit the copies of necessary papers and documents relating to lodgment of the FIR against the respondent nos. 6 and 7 and the Progress of investigation of the case so far made to this Court within 30(thirty) days from the date of receipt of a copy of this order by filing Affidavits-in-Compliance.

The Rule is returnable within 4(Four) week from date.

The petitioners are directed to put in requisites for service of notice upon the Respondents by registered post as well as through usual process within 3 (three) working days, failing which, the Rule shall stand discharged.

Justices

Mr. Justice Moyeenul Islam Chowdhury

Mr. Justice Md. Ashraful Kamal



Reference

Area of law
Equality,  Women’s Rights,  Access to Justice,  Speedy Trial,  Violence Against Women

Keywords
22 year-old-young college girl raped , Compensation to Rape Victim’s

Relevant statute

Articles 102(1) and 102(2),  31, 32 and 36 of the Constitution of Bangladesh

Section 375, 376, 376A, 376B and 376D of the Penal Code, 1860


Related Proceedings
Database Last Updated on: 2019-06-30 00:00:00
Full Judgment Link: http://bdpil.org.bd/assets/uploads/pdf/a6e1c-writ-petition-no.-1809-of-2019-rule.pdf