The Law
Public Interest Litigation is grounded around section
102 of the Constitution. See below.
Section 102(1) allows the court to pass an order
where there has been a breach of fundamental rights.
These are rights set out in Part III of the constitution
(and include for example: equality before the law,
right to life and personal liberty, and freedoms of
movement, assembly, association, thought and conscience)
Section 102(1) (a) allows the court to pass an order
requiring the government to do what is required by
law, and not to do what is forbidden by law to so.
The application to the court can be made by "an
aggrieved person." It is the wide interpretation
by the courts of the term "an aggrieved person"
- to include legal aid, human rights, or development
organisations - that has opened up public interest
litigation. These groups can as a result petition
the court on behalf of workers, or other affected
groups of people
| 102. Powers of High
Court Division to issue certain orders and directions,
etc. |
| (1)
|
The High Court Division on the application of
any person aggrieved, may give such directions
or orders to any person or authority, including
any person performing any function in connection
with the affairs of the Republic, as may be appropriate
for the enforcement of any the fundamental rights
conferred by Part
III of this Constitution. |
| (2) |
The High Court Division may,
if satisfied that no other equally efficacious
remedy is provided by law-
| (a) |
on the application of any person aggrieved,
make an order-
| (i) |
directing a person performing any
functions in connection with the affairs
of the Republic or of a local authority
to refrain from doing that which he
is not permitted by law to do or to
do that which he is required by law
to do; |
| (ii) |
declaring that any act done or proceeding
taken by a person performing functions
in connection with the affairs of
the Republic or of a local authority
has been done or taken without lawful
authority and is of no legal effect;
or |
|
| (b) |
,,,,, |
|
| (3) |
Notwithstanding anything contained
in the foregoing clauses, the High Court Division
shall have no power under this article to pass
any interim or other order in relation to any
law to which article
47 applies |
| (4) |
Whereon an application made under clause (1)
or sub-clause (a) of clause (2), an interim order
is prayed for and such interim order is likely
to have the effect of-
| (a) |
prejudicing or interfering with any measure
designed to implement any development programme,
or any development work; or |
| (b) |
being otherwise harmful to the public
interest, the High Court Division shall
not make an interim order unless the Attorney-General
has been given reasonable notice of the
application and he (or an advocate authorised
by him in that behalf) has been given an
opportunity or being heard, and the High
Court Division is satisfied that the interim
order would not have the effect referred
to in sub-clause (a) or sub-clause (b) |
|
| (5) |
In this article, unless the context otherwise
requires, "person" includes a statutory
public authority and any court or tribunal, other
than a court or tribunal established under a law
relating to the defence services of Bangladesh
or any disciplined force or a tribunal to which
article 117 applies. |
The exemption in sub-section 3 - referring back to
article 47 of the constitution - has little impact
on health and safety issues
|
