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Public International Law

Extracts from this document...

Introduction

SUBMITTED FOR Prof. Dr. A .W. M. Abdul Huq Dean, Faculty of Law NORTHERN UNIVERSITY BANGLADESH SUBMITTED BY Seik Golam Maksud LL.B (Hon's) ID: LLB040200248 Department of Law NORTHERN UNIVERSITY, BANGLADESH 5th January 2008 Dr. A.W.M Abdul Huq Research Supervisor Final Dissertation Northern University Bangladesh 93 Kazi Nazrul Islam Avenue, Dhaka-1215 Letter of Transmittal Sir, It is a great pleasure for me to submit the research paper on the topic of "PUBLIC INTEREST LITIGATION". While conducting this research, I tried my level best to make this research paper to the required standard. I hope that this paper will fulfill your expectation. I, therefore, hope that you would be kind enough to go through this paper for evaluation. I am always available for any clarification of any part of this research paper at your convenience. Thanking you. Seik Golam Maksud ID: LLB040200248 Semester: 11th LL.B (Hon's) Department of Law Northern University Bangladesh Topic PUBLIC INTEREST LITIGATION Dedicated To My Late Mother Jebun Nessa PREFACE This 'RESEARCH MONOGRAPH' is the out come of our LL.B (Hon's) Course curriculum. 'The Public Interest Litigation' is a touchy and emerging concept in Bangladesh and still there is no large word in this regard. Being insisted by my friends and teachers I have taken this initiative to make a research regarding on this very topic. This is a topic, with a high profile due to its importance, relevance and necessity. I could not complete this difficult task without the help of from various individuals, organizations, books, news papers, website etc. I am grateful to lawyers, judges and academics of their valuable suggestions and assistance. I would especially like to thank Pro. Dr. A .W. M. Abdul Huq. Dean Faculty of Law, NORTHERN UNIVERSITY, BANGLADESH. I am grateful to my academic teachers, Mahbubur Rahman, Sk. Samidul Islam & Md. Saud Hasan who has given proper guideline to complete this work. ...read more.

Middle

For the first time, compensation was awarded to the detenues. Each detenue received an amount of one lakh taka. A similar case where compensation was awarded is Md. Shahanewas v. Government of Bangladesh.73 An innocent person was arrested by an ASI of Police in the name of an absconding criminal. The Court awarded compensation of an amount of twenty thousand taka to be realized from the negligent ASI. In State v. Deputy Commissioner Bogura and others,74 suo motu rule was issued when a newpaper reported unlawful detention in jail. The rule was subsequently discharged. Genuine social interest matters involving the poor and the downtrodden have been considered in several cases. In the much-publicized case of Sultana Nahar v. Bangladesh and others,75 eviction of sex-workers from their residences was challenged. Initially, the two justices of the High Court Division arrived at different conclusions. As the case was referred to the third judge, it failed both on the point of standing and on merit.76 Dr. Mohiuddin Farooque v. Bangladesh and others,77 the Flood Action Plan (FAP 20) case of Tangail was finally heard on merit and the Court gave a number of directions and orders to be complied with by the government. If media coverage and publicity is taken as a guide, one of the most important recent PIL cases is Ain O Salish Kendra (ASK) and others v. Government of Bangladesh and others.78 The petitioners challenged eviction of slum-dwellers in Dhaka without making any alternative arrangement. The Court ordered that the eviction process should proceed phase by phase, giving reasonable time and rehabilitate the slum-dwellers. In Salma Sobhan v. Government of Bangladesh and others, the petitioner challenged continued restraint of a prisoner in bear fetter (Danda beri) for a period of 33 months. Interim relief was grantee but the rule is awaiting hearing. Apart from the cases mentioned here, there are a considerable number of PIL cases pending before the courts and as such have not been reported.79 The number and variety of cases indicate the progression of PIL towards maturity. ...read more.

Conclusion

84-95 at 84 and Nasim Hasan Shah (1993) "Public interest litigation as a means of social justice" in PLD Journal, pp. 31-34 at 31. 82 Hussain above note 2 at 72-73. 83 Jennings v. Stephens [1936] 1 Ch 469 at 476 and 479. 84 In AR Shams-ud-Doha v. Bangladesh and others 46 DLR (1994) 405 at 408. The judge here relied on two earlier cases. These are South Hetton case (1894) 1 QB 133 and Attorney General v. PYA Quarries (1957) 2 QB 169. 85 Jesingbhai v. Emperor AIR 1950 Bom 363 (FB). 86 Even in private interest litigation, the courts examine the various competing interests to make sure that public interest is not injured. For an illustration, see the recent case of Frank Supping Ltd. v. Bangladesh 50 DLR (AD) (1998) 140. The petitioner's prayer was rejected because it failed to show that its own private interest was so overwhelming that public interest should be subordinated thereto. 87 Mahmudul Islam (1995) Constitutional Law in Bangladesh, Dhaka, Bangladesh Institute of Law and International Affairs at 455. 88 Dada Match Workers Union v. Government of Bangladesh 29 DLR (1977) 188. 89 Bangladesh Electrical Association and others v. Bangladesh 46 DLR (1994) 221. 90 In Bangladesh Hastashilpa Samabaya Federation Ltd (KARIKA) v. Bangladesh 45 DLR (1993) 324 at 327, a society was given standing when the subject-matter related to the society management of the society. 91 Abdus Salam v. Chairman, Election Authority 17 DLR (1965) 191 at 198. 92 26 DLR (SC) (1974) 44. See below for further discussion on this case. 93 26 DLR (SC) (1974) 44. 94 Mustafa Kamal J. in Dr Mohiuddin Farooque v. Bangladesh (FAP 20) 17 BLD (AD) (1997) 1 at 14. In the same case Afzal CJ identifies two general principles as above at 3. 95 BCR 1981 AD 80. This was an appeal from BCR 1982 HCD 320. 96 Code of Civil Procedure 1908, Order I rule 8(1). 97 Hasan v. Monsoor AIR 1948 PC 68 at 70. 98 Narayanan v. Kurichithanam AIR 1959 Ker 379. ?? ?? ?? ?? ...read more.

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