Over 81,000 writ, contempt pleas await HC disposal

At least 81,720 writ petitions, which were filed by different human rights organisations and individuals seeking High Court (HC) directives on a range of issues, are awaiting disposal. At least 94 contempt of court petitions filed for not implementing the High Court’s or the Appellate Division’s orders are pending before the Appellate Division of the Supreme Court (SC), while 81,626 writ and contempt of court petitions are pending at the High Court Division for disposal, said sources in the apex court.

Among these petitions, hundreds of HC verdicts relating to public interest litigations (PILs) are yet to be implemented. These cases had been filed by different human rights organisations, seeking HC directives on a range of issues, including the saving of rivers from pollution, prevention of road accidents, protection of historical places from illegal occupation, prevention of arrest under Section 54 without a warrant, prevention of custodial deaths and halt to torture of a suspect in remand, the stopping of motorcycle riding on pavements, prevention of piracy, stopping the use of formalin in fruits and food, among other issues, according to the sources.

In 2001, the HC had requested the SC to form a ‘monitoring cell’ to supervise all its orders on PILs. However, that cell is yet to be formed.

Advocate Manzill Murshid, president of the Human Rights and Peace for Bangladesh (HRPB), believes the percentage of implementation of HC verdicts had increased recently. “But it's not sufficient,” he added. The lawyer blamed a lack of sincerity on the part of the authorities to implement the HC verdicts on PILs. “These verdicts have not been implemented because of bureaucratic tangles and pressure from various business groups. Had everybody respected court orders, these verdicts would have been implemented,” he said.

Earlier, on February 2 this year, the HC had directed the government in a verdict to form monitoring cells within six months to secure the rights of domestic workers and look into their allegations.

It directed the government to form the cells under the ministry of labour and employment, city corporations and zila and upazila parishads within the next six months.  

The bench asked the authorities concerned to implement the Domestic Workers’ Protection and Welfare Policy, 2015, to establish their rights.

The HC bench came up with the verdict following a writ petition filed by the Human Rights and Peace for Bangladesh (HRPB) in 2014, seeking its directive in this regard.

“Hundreds of thousands of domestic helps are working across the country. But, till now, there was no appropriate law for securing their rights,” Murshid said.

Attorney general Mahbubey Alam said a special cell should be formed to implement HC orders on PILs. He also said that the cell must also take action against people who do not follow the verdicts. “If such a cell is in place, I believe the rate of implementation of PIL verdicts would rise,” he added.

More than eight years have passed since the HC directed the government to preserve and maintain important historical sites, including the killing grounds of the Liberation War.

But the government is yet to take any initiative to implement the verdict. On July 9, 2009, the HC had asked the  government to build monuments at the Suhrawardy Udyan and to identify the place where the Pakistani forces had surrendered on December 16, 1971. Nothing has been done yet.

In view of an alarming rise in road accidents, the HC, in 2009, had asked the government to take steps to install ‘speed governor seals’ or similar devices in automobiles to control their speed. But the Bangladesh Road Transport Authority is yet to take steps in this regard.

There is also an HC order to put an end to deaths in police custody and crossfire. But law enforcement agencies continue to defy it.

The government is yet to form an independent secretariat for the judiciary, even though the judiciary was separated from the executive more than 10 years ago. Sources said the subordinate judiciary was formally separated from the executive in November 2007, though the executive is still “managing” the judiciary.

In another order, the HC had directed the law ministry to consult the local government and rural development (LGRD), education, home and labour ministries to formulate guidelines and policies to prevent an alarming rise in eve-teasing cases across the country. But no law has been formulated yet to implement it.

On February 26, 2012, the HC had asked the government to take steps against the encroachment on pavements. But no noticeable steps have been taken yet to free the city’s pavements.

Over 81,000 writ, contempt pleas await HC disposal

At least 81,720 writ petitions, which were filed by different human rights organisations and individuals seeking High Court (HC) directives on a range of issues, are awaiting disposal. At least 94 contempt of court petitions filed for not implementing the High Courts or the Appellate Divisions orders are pending before the Appellate Division of the Supreme Court (SC), while 81,626 writ and contempt of court petitions are pending at the High Court Division for disposal, said sources in the apex court. Among these petitions, hundreds of HC verdicts relating to public interest litigations (PILs) are yet to be implemented. These cases had been filed by different human rights organisations, seeking HC directives on a range of issues, including the saving of rivers from pollution, prevention of road accidents, protection of historical places from illegal occupation, prevention of arrest under Section 54 without a warrant, prevention of custodial deaths and halt to torture of a suspect in remand, the stopping of motorcycle riding on pavements, prevention of piracy, stopping the use of formalin in fruits and food, among other issues, according to the sources. In 2001, the HC had requested the SC to form a monitoring cell to supervise all its orders on PILs. However, that cell is yet to be formed. Advocate Manzill Murshid, president of the Human Rights and Peace for Bangladesh (HRPB), believes the percentage of implementation of HC verdicts had increased recently. But its not sufficient, he added. The lawyer blamed a lack of sincerity on the part of the authorities to implement the HC verdicts on PILs. These verdicts have not been implemented because of bureaucratic tangles and pressure from various business groups. Had everybody respected court orders, these verdicts would have been implemented, he said. Earlier, on February 2 this year, the HC had directed the government in a verdict to form monitoring cells within six months to secure the rights of domestic workers and look into their allegations. It directed the government to form the cells under the ministry of labour and employment, city corporations and zila and upazila parishads within the next six months. The bench asked the authorities concerned to implement the Domestic Workers Protection and Welfare Policy, 2015, to establish their rights. The HC bench came up with the verdict following a writ petition filed by the Human Rights and Peace for Bangladesh (HRPB) in 2014, seeking its directive in this regard. Hundreds of thousands of domestic helps are working across the country. But, till now, there was no appropriate law for securing their rights, Murshid said. Attorney general Mahbubey Alam said a special cell should be formed to implement HC orders on PILs. He also said that the cell must also take action against people who do not follow the verdicts. If such a cell is in place, I believe the rate of implementation of PIL verdicts would rise, he added. More than eight years have passed since the HC directed the government to preserve and maintain important historical sites, including the killing grounds of the Liberation War. But the government is yet to take any initiative to implement the verdict. On July 9, 2009, the HC had asked the government to build monuments at the Suhrawardy Udyan and to identify the place where the Pakistani forces had surrendered on December 16, 1971. Nothing has been done yet. In view of an alarming rise in road accidents, the HC, in 2009, had asked the government to take steps to install speed governor seals or similar devices in automobiles to control their speed. But the Bangladesh Road Transport Authority is yet to take steps in this regard. There is also an HC order to put an end to deaths in police custody and crossfire. But law enforcement agencies continue to defy it. The government is yet to form an independent secretariat for the judiciary, even though the judiciary was separated from the executive more than 10 years ago. Sources said the subordinate judiciary was formally separated from the executive in November 2007, though the executive is still managing the judiciary. In another order, the HC had directed the law ministry to consult the local government and rural development (LGRD), education, home and labour ministries to formulate guidelines and policies to prevent an alarming rise in eve-teasing cases across the country. But no law has been formulated yet to implement it. On February 26, 2012, the HC had asked the government to take steps against the encroachment on pavements. But no noticeable steps have been taken yet to free the citys pavements.