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Public Interest Litigation Public interest litigation got great fillip with the emergence of Bangladesh Environmental Lawyers Association (BELA). At the instance of BELA high court Division prohibited environmental pollution during Dhaka City Corporation election in 1994, and strike by doctors working in the government hospitals causing untold sufferings to the patients. At the instance of BELA High Court Division in 1996 also directed the government to take measures to prevent import of contaminated foods from abroad. In those cases question of locus standi was not raised. In 1993, High Court Division held that president of Retired Government Servants' Association has locus standi to file a writ petition on behalf of its members and that decision remained stayed till 1996 by the Appellate Division on appeal. BELA brought several public interest litigations for protection of environment, public health, prevention of pollution, enforcement of fundamental right of right to life, freedom of expression to prevent state control of Radio and Television, prevention of child trafficking, prevention of discrimination in public service against blind persons etc, but those are still pending for decision. On the application of a citizen High Court Division directed abstaining members of jatiya sangsad to attend the session of the Sangsad. On appeal that direction has been stayed by the Appellate Division. Question of locus standi has finally been settled by the Appellate Division in the Flood Action Plan case brought by Dr. Mohiuddin Faruk, founder secretary of BELA in 1996 holding that any member of the public suffering a common wrong, common injury or common invasion of fundamental rights of an indeterminate number of people or any citizen or an indigenous association espousing such cause has locus standi. Before and after that decision BELA, ain o shalish kendra, Bangladesh Legal Aid Services Trust, Bangladesh National Women Lawyers' Association, Bangladesh Nari Progati Sangha, Bangladesh Mahila Ainjibi Samiti, bangladesh mahila parishad and many public spirited persons brought public interest litigations before the High Court Division for redress of the grievances of the deprived sections of the people. Since locus standi has been
liberalised in 1996, some of the public interest litigations has been disposed of by the High Court Division in 1997. In Flood Action Plan Case the government was directed to protect the environment and ecology and to observe relevant provisions of law in executing the flood protection scheme. In 1999, High Court Division directed Rajdhani Unnayan Kartripaksha (rajuk) not to reduce the area of park and other common facilities by covering the same into residential or commercial plots in Uttara model town. Earlier in a case, High Court Division declared that park in Gulshan residential area should be maintained free from nuisance for the protection of health and hygiene of the residents of that area. That Division also directed removal of bar fetters of a prison detainee, and also released a woman in handcuffs from safe custody. That Court also stayed construction of a market building on the site earmarked for car parks, filling up of a lake, and eviction of slum dwellers in the Dhaka City.
With the liberalisation of locus standi public
interest litigation has great prospect in ameliorating the conditions
of the downtrodden and deprived sections of the people, and bringing succour
to their sufferings making the assurances of fundamental rights in the
Constitution a reality in their lives. But there is also the danger of
flooding the court with unnecessary litigations at the instance of busybodies
posing as public spirited persons, and thereby unnecessarily burdening
the High Court Division which is already overburdend with cases which
take years together for disposal, and thus causing undue hardship on the
litigant public. This crisis can be averted if the court remains vigilant
at the inception, and meticulously examines the bonafide of the petitioner
to seek redress through public interest litigation. [Kazi Ebadul Hoque]
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