PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 606 of 2006
Date of filing: 2006/01/23
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Petitioners

Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

Secretary, Ministry of Law and Parliamentary Affairs Bangladesh.

Facts

The three districts in the Chittagong Hill Tracts (CHT), Rangamati, Khagrachari and Bandarban, were regulated by the Chittagong Hill Tracts Regulation, 1900, under which the Deputy Commissioner of Chittagong had jurisdiction regarding civil and criminal disputes arising out of the region. Due to geographical distance, backlogs of cases and administration of justice by the executive branch rather than the judiciary, the people of the region faced obstacles in terms of access to justice.  Accordingly, in 2003, the Regulations were amended to provide for the establishment of Civil Courts, Sessions Courts and Suppression of Violence against Women and Children Tribunals in each of the three districts. The amendment was to be effected by gazette notification, but no such notification was published for three years. The three districts in the Chittagong Hill Tracts (CHT), Rangamati, Khagrachari and Bandarban, were regulated by the Chittagong Hill Tracts Regulation, 1900, under which the Deputy Commissioner of Chittagong had jurisdiction regarding civil and criminal disputes arising out of the region. Due to geographical distance, backlogs of cases and administration of justice by the executive branch rather than the judiciary, the people of the region faced obstacles in terms of access to justice.  Accordingly, in 2003, the Regulations were amended to provide for the establishment of Civil Courts, Sessions Courts and Suppression of Violence against Women and Children Tribunals in each of the three districts. The amendment was to be effected by gazette notification, but no such notification was published for three years.

Rule/Order/Judgment
Date: 02/02/2006


Details

The High Court issued a Rule Nisi calling upon the respondents to show cause as to why the provisions of the relevant laws should not be brought into effect by way of publication of a notification in the official gazette.

Justices

Mr. Justice A.B.M. KhairulHaque

Mr. Justice Abdul Awal



Date: 24/02/2008


Details

The Court on 24.02.2008 delivered a judgment directing the establishment of District Judge and Joint District Judge Courts, also to operate as Sessions Courts and Suppression of Violence against Women and Children Tribunals in the three hill districts within one year.

Justices

Mr. Justice A.B.M. Khairul Haque

Mr. Justice Abdul Awal



Database Last Updated on: 2017-02-12 15:26:45
Reference
61 DLR (HCD) (2009) 109
Area of law
Children's Rights,
Access to Justice,
Accountability and Institutional Reform
Keywords
Establishment of Courts
Relevant statute

Constitution, Articles 27, 31;

The Chittagong Hill Tracts Regulation (Amendment) Act, 2003;

The Suppression of Violence against Women and Children Act, 2000





Case Number: Writ Petition No. 606 of 2006
Date of filing: 2006/01/23

Petitioners

Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

Secretary, Ministry of Law and Parliamentary Affairs Bangladesh.

Facts

The three districts in the Chittagong Hill Tracts (CHT), Rangamati, Khagrachari and Bandarban, were regulated by the Chittagong Hill Tracts Regulation, 1900, under which the Deputy Commissioner of Chittagong had jurisdiction regarding civil and criminal disputes arising out of the region. Due to geographical distance, backlogs of cases and administration of justice by the executive branch rather than the judiciary, the people of the region faced obstacles in terms of access to justice.  Accordingly, in 2003, the Regulations were amended to provide for the establishment of Civil Courts, Sessions Courts and Suppression of Violence against Women and Children Tribunals in each of the three districts. The amendment was to be effected by gazette notification, but no such notification was published for three years. The three districts in the Chittagong Hill Tracts (CHT), Rangamati, Khagrachari and Bandarban, were regulated by the Chittagong Hill Tracts Regulation, 1900, under which the Deputy Commissioner of Chittagong had jurisdiction regarding civil and criminal disputes arising out of the region. Due to geographical distance, backlogs of cases and administration of justice by the executive branch rather than the judiciary, the people of the region faced obstacles in terms of access to justice.  Accordingly, in 2003, the Regulations were amended to provide for the establishment of Civil Courts, Sessions Courts and Suppression of Violence against Women and Children Tribunals in each of the three districts. The amendment was to be effected by gazette notification, but no such notification was published for three years.


Rule/Order/Judgment
Date: 02/02/2006:
Details

The High Court issued a Rule Nisi calling upon the respondents to show cause as to why the provisions of the relevant laws should not be brought into effect by way of publication of a notification in the official gazette.

Justices

Mr. Justice A.B.M. KhairulHaque,  

Mr. Justice Abdul Awal


Date: 24/02/2008:
Details

The Court on 24.02.2008 delivered a judgment directing the establishment of District Judge and Joint District Judge Courts, also to operate as Sessions Courts and Suppression of Violence against Women and Children Tribunals in the three hill districts within one year.

Justices

Mr. Justice A.B.M. Khairul Haque,  

Mr. Justice Abdul Awal



Reference
61 DLR (HCD) (2009) 109

Area of law
Children's Rights,  Access to Justice,  Accountability and Institutional Reform

Keywords
Establishment of Courts

Relevant statute

Constitution, Articles 27, 31;

The Chittagong Hill Tracts Regulation (Amendment) Act, 2003;

The Suppression of Violence against Women and Children Act, 2000


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45
Full Judgment Link: http://bdpil.org.bd/assets/uploads/pdf/2ec6f-606-of-2006.pdf