Litigation: HRCBM Alleges State of Bangladesh in the countenance of Genocidal crime against minorities

IN THE SUPREME COURT OF BANGLADESH

HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICION)

WRIT PETITON NO.                 OF 2023

                                                   IN THE MATTER OF:

An application under Article 102 read with Article 44 of the Constitution of the People’ Republic of Bangladesh.

A N D

IN THE MATTER OF :

Public Interest Litigation (PIL)

AND

IN THE MATTER OF:

Enforcement of fundamental rights guaranteed under article 27, 37, 40, 41, 42, and 43 of the Constitution of the People Republic of Bangladesh.

A N D

IN THE MATTER OF :

Human Rights Congress for Bangladesh Minorities (HRCBM), Bangladesh Chapter, Sonatas Chandra Road, Dhaka-2014, Dhaka.

…. Petitioner

-V E R S U S-

1. Secretary, Cabinet of Bangladesh, Peoples’ Republic of Bangladesh, Bangladesh Secretariat, Dhaka;
2. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Peoples’ Republic of Bangladesh, Bangladesh Secretariat, Dhaka;
3. Secretary, Ministry of Home Affairs, Peoples’ Republic of Bangladesh, Bangladesh Secretariat, Dhaka;
4. Secretary, Ministry of Religious Affairs; Peoples’ Republic of Bangladesh, Bangladesh Secretariat, Dhaka;
5. Inspector General of Police (IGP), Police Bhaban, Phulbaria, Dhaka.

….. Respondents

AND

IN THE MATTER OF:

Direction upon the respondent to form an investigation Committee to inquire into the incidences after the emergence of Bangladesh  (as continuously reported in the daily newspapers) of evictions, torture, humiliation, persecution, rape and killing of the citizens of Bangladesh belonging to religious minority and submit a report before the Hon’ble High Court Division.

AND

IN THE MATTER OF:

Direction upon the respondents to legislate an Act and constitute a Commission for the protection of religious minorities from eviction, torture, humiliation, persecution, rape and killing as well as to protect the fundamental rights of the religious minorities and to bring the miscreants of the gruesome activities before the justice.

S H E W E T H: 

1. That the Petitioner No.1 is the Human Rights Congress for Bangladesh Minorities (HRCBM), Bangladesh Chapter, represented by its Pradip Chandra, Legal General Counsel. The organization is registered before the Joint Stock Companies, Dhaka and working in Bangladesh through a National Committee. It is a Worldwide Organization having its Head Office at California, U. S. A. Established in 2000, HRCBM is registered in USA and has Special Consultative status with ECOSOC of the United Nations. It is also a member of NGO coalition for International Criminal Court since 2001 and member of world Association of NGO (WANGO). The function of the organization is to establish human rights for marginalized people (including but not limited to religious and ethnic minorities) in the country, to stop anti-human rights activities, to protect the religious and ethnic minorities in Bangladesh from persecution and to bring the offenders to justice for their crimes against humanity. The petitioner is providing legal assistance to religious minorities of Bangladesh. Earlier on several occasions, the HRCBM has filed public interest litigations to secure justice and uphold the rights of many marginalized people.
2. That the addresses of the petitioner as well as the respondents given above in the cause title of this writ petition are correct addresses for the purpose of the serving notices upon them.
3. That the Respondent No. 1 is Secretary, Cabinet of Bangladesh, Peoples’ Republic of Bangladesh, Bangladesh Secretariat, Dhaka; Respondent No. 2  is Secretary, Ministry of Law, Justice and Parliamentary Affairs, Peoples’ Republic of Bangladesh, Bangladesh Secretariat, Dhaka; Respondent No. 3  is Secretary, Ministry of Home Affairs, Peoples’ Republic of Bangladesh, Bangladesh Secretariat, Dhaka;  Respondent No. 4  is Secretary, Ministry of Religious Affairs; Peoples’ Republic of Bangladesh, Bangladesh Secretariat, Dhaka;  Respondent No. 5  is Inspector General of Police (IGP), Police Bhaban, Phulbaria, Dhaka.
4. That it is stated here that it is in the interest of the petitioner and for the benefit of the citizens belonging to religious and ethnic minorities of the country and in order to establish the right to property, to uphold dignity of life as citizen of the country, to get equal protection of law, to enjoy religious rights and religious festivals and to be treated in accordance with law, the petitioner move this public interest Litigation (PIL) before this Hon’ble court as it involves great public importance so this petition may be treated as public interest litigation.
5. That all citizens of Bangladesh have been provided the rights, by the provision of Constitution of Bangladesh, equally to enjoy equal protection of law, to acquire property and protection of home but the citizens belonging to the religious minority are depriving from the above mentioned fundamental rights as guaranteed by the provisions of Constitution as reported in the daily newspapers;

Photocopy of the news clips are annexed herewith and marked as Annexure A – Series

6. That the respondents are continuously failing to perform the duties and responsibilities vested upon after the emergence of Bangladesh to protect the religious minority from eviction, torture, humiliation, persecution, rape and killing as well as to protect the fundamental rights of the religious minorities;
7. That according to the 2001 Bangladesh Population Census, the total size of the Hindu population was 11.4 Million, Assuming the 1961 population share of the Hindu Population (18.4%), the absolute size of the Hindu Population in 2001 would have been 22.8 million instead of 11.4 million as reported in the census. The Hindu population of Bangladesh fell by 0.59 percentage points to 7.95% in 2022 from 8.54% in 2011, according to Bangladesh Bureau of Statistics (BBS). According to the 2022 census, Muslim population increased by 0.60 percentage points to 91% from 90.4% in 2011, while Buddhist population fell marginally by 0.01 percentage points to 0.61% from 0.62% in 2011. Over the past 50 years, the total population of the country has more than doubled, but the Hindu population in Bangladesh has dropped by around 7.5 million (75 lakh) compared to what it should have been based on their percentage at the time of Bangladesh’s creation. The number of Buddhists, Christian and persons of other religions has remained more or less constant. In 2020, despite the pandemic-induced lockdowns,  Bangladesh Jatiya Hindu Mohajote reported over 40,000 incidents of anti-Hindu violence – 149 killed, 53 raped, 7,036 injured, 2623 forcibly converted, 370 murtis vandalized, 2125 Hindu families either evicted or forced to leave the country (not counting those who were threatened to leave but have resisted till now), 1055 land grabbing cases and much more.
8. That it is now open secret that the reduction is caused by the continuous eviction, torture, humiliation, persecution, rape to the minorities and these crimes in aggregate amounts to genocidal crime and crime against humanity under the definition of Article Nos. 6 and 7 of Rome Statute of the International Criminal Court (ICC) wherein Bangladesh is a signatory party; that failure of the respondents to bring the miscreants before the Justice is encouraging the miscreants to become more ferocious to the religious minority and such failure is the main cause for the continuous violation of the fundamental rights of the citizens of Bangladesh belonging to the religious minority and off course, the news of such gruesome incidents are being telecasted, printed through various print and electronic medias and obviously, in the era of globalization, the news are decreasing the reputation of our Government as well as of Peoples’ Republic of Bangladesh as well as of the State
9. That the petitioner believes that only for the reason of honest and dedicated effort of the respondents, it’s possible to bring the war criminals of 1971 after about 50 years and the killers of Father of Nation Bangabandhu Sheikh Mujibar Rahman and his family members before justice and punish them according to the laws and the petitioner also believe that the respondents taking necessary actions can stop such gruesome incidence to the religious minorities.
10. That the provision of Article No. 27 and 28 clearly imposes an obligation upon the state to ensure equal rights and protection of laws for its’ all citizens and in addition, state has more obligation to make special provision in favour of any backward section of citizens; that on the other hand Bangladesh, being a signatory party to the Rome Statute of the International Criminal Court (ICC) and Universal Declaration of Human Rights (UDHR), the state is obliged to comply the provision of the Articles as stated in the provisions of the ICC and UDHR. Legislation to establish a Commission on Minorities is called for to end various forms of discrimination and oppression of religious minorities and to ensure the rights of all people, including caste and creed.
11. That legislation an Act and constitution of a Commission on Minorities is highly required to end various forms of discrimination and oppression of religious minorities and to ensure the rights of all people, including caste and creed.
12. That it is required to mention here that several writ petitions were filed (Writ Petition Nos. 176/2000, 6556/2001, 3380/2006) before the Hon’ble High Court Division for protecting the minorities from such eviction, torture, humiliation, persecution and rape and in all, Rule Nisi was issued by the Hon’ble High Court Division wherein the inaction of the respondents to protect the persons and properties of the religious minorities was challenged and the Rules are still pending.
13. That the petitioner through his engaged lawyer issued a Demand Justice Notice on 29.03.2023 praying for necessary actions to protect persons and properties of the citizens of Bangladesh belonging to religious minority from eviction, torture, humiliation, persecution, rape and killing as well as to protect the fundamental rights of the religious minorities and to bring the miscreants of the gruesome activities before the justice and to form an investigation Committee to inquire into the incidences of evictions, torture, humiliation, persecution, rape and killing of the citizens of Bangladesh belonging to religious minority.

Copy of the Demand Justice Notice dated 29.03.2023 and postal receipts are annexed herewith and marked as Annexure – B.  

14. That it is most humbly submitted that inaction of the respondents is still continuing on despite of the Rule issued by the Hon’ble Court, the respondents showing disrespect to the Rule Order having failed to perform their constitutional duties, that the annexures hereto are evidence of continuous persecution upon the religious minorities who are facing serious oppression and violence in the hands of miscreants and the respondents have totally failed to take action against them despite of presence of the Rule Nisi issued by the Hon’ble High Court Division in the earlier Writ Petition Nos. 176/2000, 6556/2001, 3380/2006 and hence, an Order from this Hon’ble Court is urgently necessary so that those people can be protected from further assault to their lives and property.
15. That it is most humbly submitted that the respondents are obliged by the constitution to take proper, special and adequate measure for ensuring protection of the persons and properties of religious minorities but they are failed to do it.
16. That it is most humbly submitted that the persistence and continuous failure on the part of the respondents to discharge their constitutional duty to protect the members of the minority community from gross violation of their fundamental rights guaranteed under Article No. 27, 31, 40, 41, 42 and 43 of the Constitution of the Peoples’ Republic of Bangladesh and as such the respondents are liable to be directed to form a Committee to inquire into the incidences, after the emergence of Bangladesh (as continuously reported in the daily newspapers),  of evictions, torture, humiliation, persecution, rape and killing of the citizens of Bangladesh belonging to religious minority and submit a report before the Hon’ble High Court Division  and also liable to be directed to legislate an Act and constitute a Commission for the protection of religious minorities from eviction, torture, humiliation, persecution, rape and killing as well as to protect the fundamental rights of the religious minorities and to bring the miscreants of the gruesome activities before the justice.  
17. That the petitioner craves your kind leave to swear affidavit with the photocopy of the annexure A- series i.e news clips of various daily newspapers (on line and off line) as it and the petitioner authorized Mr. Prodip Chandra to file the instant Writ Petition issuing an authorized letter.