PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 18163 of 2017
Date of filing: 2017/12/10
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Petitioners

Babul Hossain

Respondents

Secretary, Ministry of Law, Justice and Parliamentary Affairs, The Government of the People’s Republic of Bangladesh

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

Senior Assistant Secretary, Justice Section-7, Law and Justice Division, Ministry of Law, Justice and Parliamentary Affairs, The Government of the People’s Republic of Bangladesh

Inspector General of Police, Bangladesh Police, Police Head Quarter, Dhaka

Inspector General of Registration, Directorate of Registration, Dhaka

Superintendent of Police, Minikganj

Upzila Nirbahi Officer, Singair, Manikganj

Officer-in-Charge, Singair Police Station, Manikganj

Facts

Shoaib Hossain fell in lovewith one Rafiza and subsequently married her which was duly solemnized by a Muslim Cleric/Kazi. Rafiza is an 18 years old woman who fled to Bangladesh with her parents FoyzulIslam and Hafsa bibi from the Rakhine State of Myanmar, resulted out of the recent epidemic ofetnic cleansing in Myanmar.

On 23.09.2017 Shoaib Hossain Jewel returned to his native village in Singair, Manikganj along with his newly wedded wife Rafiza. Upon their return, the police at the Singair Upazila were alerted to arrest the couple, which forced the couple to run away from their home and hide in fear of arrest, harassment and retribution by Police, despite there being no criminal case or complaint filed against Shoaib Hossain Jewel and his wife Rafiza.

Rule/Order/Judgment
Date: 08/01/2018


Details

Mr. A.B.M. Hamidul Mishbah, learned Advocate appearing on behalf of Shoaib Hossain Jewel fell in love with the Rohingya woman Rafiza at first sight and driven by emotion, he married her and secretly brought her to Manikganj and ultimately they went into hiding for fear of harassment by the law-enforcing agency.

This very act of the petitioner’s son Shoaib Hossain Jewel, asCourt See it, is a criminal offence within the ambit of the Foreigner’s Act, 1946. The Penalty for commission of any offence has been spelt out in section 14 of the Foreigners Act, 1946. As this is a criminal offence , this Court can not pass any order that will amount to putting a premium on the criminality of Shoaib Hossain Jewel. Furthermore, the alleged marriage between Shoib Hossain Jewel and the Myanmar national Rafiza is a blatant contravention of the Notification being No. bichar-7/2n-75/2016-909 dated 25.10.2017 issued by the Law and Justice Divisions, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka. On top of that, as Shoib Hossain Jewel is a law-breaker within the meaning of the Foreigners Act, 1946, he cannot get any relief from this Court by way of invocation of the writ jurisdiction of the High Court Divisions at the instance of his father.

Given this scenario, we do not find any merit in this Writ Petion for issuance of any Rule Nisi.

Accordingly, the Writ Petition is rejected in limine with costs of Tk. 1,00,000/-(One lac). The petition is directed to deposit the amount of Tk. 1,00,000/- (One lac) within 30 (thirty days to the concerned Section of this Court from date, failing which, necessary legal steps will be taken to realize the amount from him.

Justices

Mr. Justice Moyeenul Islam Chowdhury

Mr. Justice J. B. M. Hasan



Database Last Updated on: 2019-07-16 00:00:00
Area of law
Access to Justice,
Culture,
Discrimination (race),
Accountability and Institutional Reform
Keywords
Rohingya- Marriage, Marriage- Foreign Citizen
Relevant statute

Article 102 (2) (a) (i) and 102 (2) (a) (ii)  of the Constitution of Bangladesh

Foreigner’s Act, 1946





Case Number: Writ Petition No. 18163 of 2017
Date of filing: 2017/12/10

Petitioners

Babul Hossain

Respondents

Secretary, Ministry of Law, Justice and Parliamentary Affairs, The Government of the People’s Republic of Bangladesh

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

Senior Assistant Secretary, Justice Section-7, Law and Justice Division, Ministry of Law, Justice and Parliamentary Affairs, The Government of the People’s Republic of Bangladesh

Inspector General of Police, Bangladesh Police, Police Head Quarter, Dhaka

Inspector General of Registration, Directorate of Registration, Dhaka

Superintendent of Police, Minikganj

Upzila Nirbahi Officer, Singair, Manikganj

Officer-in-Charge, Singair Police Station, Manikganj

Facts

Shoaib Hossain fell in lovewith one Rafiza and subsequently married her which was duly solemnized by a Muslim Cleric/Kazi. Rafiza is an 18 years old woman who fled to Bangladesh with her parents FoyzulIslam and Hafsa bibi from the Rakhine State of Myanmar, resulted out of the recent epidemic ofetnic cleansing in Myanmar.

On 23.09.2017 Shoaib Hossain Jewel returned to his native village in Singair, Manikganj along with his newly wedded wife Rafiza. Upon their return, the police at the Singair Upazila were alerted to arrest the couple, which forced the couple to run away from their home and hide in fear of arrest, harassment and retribution by Police, despite there being no criminal case or complaint filed against Shoaib Hossain Jewel and his wife Rafiza.


Rule/Order/Judgment
Date: 08/01/2018:
Details

Mr. A.B.M. Hamidul Mishbah, learned Advocate appearing on behalf of Shoaib Hossain Jewel fell in love with the Rohingya woman Rafiza at first sight and driven by emotion, he married her and secretly brought her to Manikganj and ultimately they went into hiding for fear of harassment by the law-enforcing agency.

This very act of the petitioner’s son Shoaib Hossain Jewel, asCourt See it, is a criminal offence within the ambit of the Foreigner’s Act, 1946. The Penalty for commission of any offence has been spelt out in section 14 of the Foreigners Act, 1946. As this is a criminal offence , this Court can not pass any order that will amount to putting a premium on the criminality of Shoaib Hossain Jewel. Furthermore, the alleged marriage between Shoib Hossain Jewel and the Myanmar national Rafiza is a blatant contravention of the Notification being No. bichar-7/2n-75/2016-909 dated 25.10.2017 issued by the Law and Justice Divisions, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka. On top of that, as Shoib Hossain Jewel is a law-breaker within the meaning of the Foreigners Act, 1946, he cannot get any relief from this Court by way of invocation of the writ jurisdiction of the High Court Divisions at the instance of his father.

Given this scenario, we do not find any merit in this Writ Petion for issuance of any Rule Nisi.

Accordingly, the Writ Petition is rejected in limine with costs of Tk. 1,00,000/-(One lac). The petition is directed to deposit the amount of Tk. 1,00,000/- (One lac) within 30 (thirty days to the concerned Section of this Court from date, failing which, necessary legal steps will be taken to realize the amount from him.

Justices

Mr. Justice Moyeenul Islam Chowdhury

Mr. Justice J. B. M. Hasan



Reference

Area of law
Access to Justice,  Culture,  Discrimination (race),  Accountability and Institutional Reform

Keywords
Rohingya- Marriage, Marriage- Foreign Citizen

Relevant statute

Article 102 (2) (a) (i) and 102 (2) (a) (ii)  of the Constitution of Bangladesh

Foreigner’s Act, 1946


Related Proceedings
Database Last Updated on: 2019-07-16 00:00:00
Full Judgment Link: http://bdpil.org.bd/assets/uploads/pdf/69c3d-writ-petition-no.-18163-of-2017-judgement.pdf