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Tuesday 15 November 2011

Environmental cases brought before courts in Bangladesh


Requesting the nuisance be stopped
- In Bangladesh Environmental Lawyers Assciation v. Electron Commission and others, it was stated that the unregulated use of loudspeakers, unscheduled processions, encroachment of public ways and writing on walls were a constant feature of election campaigns and were making life difficult for the people. Repeated directions by the Elections Commissioner to show respect for the laws were ignored. A public-interest suit was filed in the nature of a writ of mandamus requesting that either the nuisance be stopped or the election postponed. The matter was subsequently disposed of on the basis of the assurance of the Attorney-General and the leading political parties that all necessary steps would be taken to implement the directions of the Elections Commissioner. For the first time in the judicial history of the country a judgement expressed the desire of the court to mitigate hardships suffered by the people.
Removal of unjustified threat
- In another case - Dr Mohiuddin Farooque v. Bangladesh, the petitioner asked that 125 metric tons of milk powder imported from Estonia be returned as they were found to contain radioactive matter by the Atomic Energy Commission of Bangladesh. The milk powder which was shipped to Bangladesh from Holland was certified both by the producing and the exporting countries as being fit for human consumption. The certification was false. In the instant case the importer managed to obtain false evidence regarding the level of radioactive matter in order to get the milk out of the port of entry for sale. This was done despite the fact that the letter of credit provided that if the radiation level was found to be high in Bangladesh the exporter was bound to take back the goods. Instead of doing so the importer opted to try various means to get the milk released. The High Court Division dealt strongly with the case and directed the authority to "remove any unjustified threat" saying that "no one has any right to endanger the life of the people … by marketing in the country any food item injurious to the health of the people." This case expanded the horizon of the right to life and also the scope of potential consumers to file such public-interest cases.
Standing of a public-spirited person
- The landmark case in which the Appelate Division of the Supreme Court of Bangladesh allowed the appeal of Dr Mohiuddin Farooque v. Bangladesh and others on the point of the "standing" of Bangladesh Environmental Lawyers Association (BELA) in a public-interest suit. The court recognized the locus standi of a public-spirited person or organization to file cases on behalf of others who are unable to do so because of their inability to gain access to the justice system. Dr. Farooque was representing BELA as its Secretary-General and appeared himself in the case with the leave of the court.

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