PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Suo Moto Rule No. 04 Of 2015
Date of filing: 2015/04/20
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Petitioners
  1. Bangladesh Legal Aid and Services Trust (BLAST)
  2. Ain O Salish Kendra (ASK) Appeared as Intervenor
Respondents
  1. Secretary, Ministry of Home Affairs
  2. Inspector General of Police
  3. Vice-Chancellor, University of Dhaka
  4. Police Commissioner, Dhaka Metropolitan Police, Dhaka
  5. Deputy Police Commissioner,DMP, Ramna
  6. Inspector (OC) Shirajul Islam, Shahbag
Facts

BLAST, with Ain o Salish Kendra (ASK), filed an application to appear as an intervenor to assist the Hon’ble Court with disposal of the Suo Moto Rule issued on 16.04.2015 against the Baishakh celebration outrage over sexual assault at the Dhaka University campus (TSC Area) on 14.04.2015. It was alleged that during the celebration of Bengal New Year 1422, both police and Dhaka University Authority had beefed up security in the area and 19 CCTV cameras were installed to monitor the situation and to take prompt action. But in spite of all these security measures, women and girls were subjected to sexual assault and harassment at TSC on 14.04.2015. The application was allowed. The intervenors stated that none of the police who were standing at the SuhrawardyUddyan gate, MilonChattar and Dutch-Bangla Bank booth of TSC came forward to control this situation at the time of occurrence and breached Section 23(1) of the Police Act 1861 for violating the order of a competent authority. They submitted that this violated fundamental rights to protection of law guaranteed under Article31 of the Constitution, as the police failed to ensure such protection by delaying investigation of the allegations made. . They also submitted that the inaction of the police amounts to a violation of right to freedom of assembly of citizens as guaranteed under article 37 of the Constitution. They further submitted that the state is bound to implement the provisions of Article 15(a) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) to give effect to the right of citizens to take part freely in cultural life.

Rule/Order/Judgment
Date: 16/04/2015


Details

The High Court issued the Suo Moto Rule on 16.04.2015 calling upon the Respondents to show cause as to why sufficient security measures or proper steps should not be taken for the security of women or the citizens of Bangladesh during the celebration of PahelaBaisakh which represents the Bengali Nationalism and people of every caste, religion, colour celebrate this as national festival. The Rule was returnable in four(4) weeks. The Hon’ble Court also directed the Respondents No.2 and 3 to submit an inquiry report on present status of the departmental proceedings brought against four police members within 30 days, and the editor and reporter of the Daily Jugantor, Daily Amader Somoy and Daily Star to submit a report with an Affidavit within 15 days about the truthfulness of the incident’s news and facts. 17/05/2015 was fixed for next order.    

Justices

Justice Quazi Reza-ul Haque

Justice Abu Taher M. Saifur Rahman



Database Last Updated on: 2017-02-12 15:26:45
Area of law
Equality,
Discrimination (sex),
Access to Justice
Keywords
Sexual Harassment
Relevant statute

Constitution (Articles-31,36,37);

Police Act-1861[Sec-23(1);

International Covenant on Economic, Social and Cultural Rights [Article-15(a)] 





Case Number: Suo Moto Rule No. 04 Of 2015
Date of filing: 2015/04/20

Petitioners
  1. Bangladesh Legal Aid and Services Trust (BLAST)
  2. Ain O Salish Kendra (ASK) Appeared as Intervenor
Respondents
  1. Secretary, Ministry of Home Affairs
  2. Inspector General of Police
  3. Vice-Chancellor, University of Dhaka
  4. Police Commissioner, Dhaka Metropolitan Police, Dhaka
  5. Deputy Police Commissioner,DMP, Ramna
  6. Inspector (OC) Shirajul Islam, Shahbag
Facts

BLAST, with Ain o Salish Kendra (ASK), filed an application to appear as an intervenor to assist the Hon’ble Court with disposal of the Suo Moto Rule issued on 16.04.2015 against the Baishakh celebration outrage over sexual assault at the Dhaka University campus (TSC Area) on 14.04.2015. It was alleged that during the celebration of Bengal New Year 1422, both police and Dhaka University Authority had beefed up security in the area and 19 CCTV cameras were installed to monitor the situation and to take prompt action. But in spite of all these security measures, women and girls were subjected to sexual assault and harassment at TSC on 14.04.2015. The application was allowed. The intervenors stated that none of the police who were standing at the SuhrawardyUddyan gate, MilonChattar and Dutch-Bangla Bank booth of TSC came forward to control this situation at the time of occurrence and breached Section 23(1) of the Police Act 1861 for violating the order of a competent authority. They submitted that this violated fundamental rights to protection of law guaranteed under Article31 of the Constitution, as the police failed to ensure such protection by delaying investigation of the allegations made. . They also submitted that the inaction of the police amounts to a violation of right to freedom of assembly of citizens as guaranteed under article 37 of the Constitution. They further submitted that the state is bound to implement the provisions of Article 15(a) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) to give effect to the right of citizens to take part freely in cultural life.


Rule/Order/Judgment
Date: 16/04/2015:
Details

The High Court issued the Suo Moto Rule on 16.04.2015 calling upon the Respondents to show cause as to why sufficient security measures or proper steps should not be taken for the security of women or the citizens of Bangladesh during the celebration of PahelaBaisakh which represents the Bengali Nationalism and people of every caste, religion, colour celebrate this as national festival. The Rule was returnable in four(4) weeks. The Hon’ble Court also directed the Respondents No.2 and 3 to submit an inquiry report on present status of the departmental proceedings brought against four police members within 30 days, and the editor and reporter of the Daily Jugantor, Daily Amader Somoy and Daily Star to submit a report with an Affidavit within 15 days about the truthfulness of the incident’s news and facts. 17/05/2015 was fixed for next order.    

Justices

Justice Quazi Reza-ul Haque,  

Justice Abu Taher M. Saifur Rahman



Reference

Area of law
Equality,  Discrimination (sex),  Access to Justice

Keywords
Sexual Harassment

Relevant statute

Constitution (Articles-31,36,37);

Police Act-1861[Sec-23(1);

International Covenant on Economic, Social and Cultural Rights [Article-15(a)] 


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