Litigation: HRCBM Vs. Government of Bangladesh
HRCBM, an NGO in special consultative status with United Nation has filed a series of Public Interest Litigations (PIL) for the protection of minorities in Bangladesh, to uphold their fundamental rights and procure justice. The followings are two important PILs: Writ No: 3380 of 2006 (for the protections of minorities in the country and alleged inactions of Govt. of Bangladesh) and Writ No. 6092 of 2008 ( Vested Property Act).
Recently, Advocate Anup Kumar Saha filed a writ Before Bangladesh Supreme Court seeking judicial enquiry to the mass violence in country’s minorities in Bangladesh that occurred during Durga Puja on October, 2021.
You can download or view the 2021 writ here. Just click the pdf icon below.
PIL on Pogrom against minorities of Bangladesh
Public Interest Litigation (PIL) Writ Petition No.3380 of 2006
IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(SPECIAL ORIGINAL JURISDICION)
WRIT PETITON NO. 3380 OF 2006
An application under Article 102 read with Article 44 of the Constitution of the People’s Republic of Bangladesh.
A N D
IN THE MATTER OF :
Enforcement of fundamental Rights guaranteed under Article 27, 31, 40, 41, 42, and 43 of the Constitution of the People’s Republic of Bangladesh.
A N D
IN THE MATTER OF :
Public Interest Litigation (PIL)
A N D
IN THE MATTER OF :
- Human Rights Congress for Bangladesh Minorities (HRCBM), Bangladesh Chapter, represented by its President, Advocate Rabindra Ghosh, 41/0 Azimpur Estate, P. S. Lalbag, District – Dhaka.
- Human Rights And Peace For Bangladesh (HRPB) Represented by it’s President of the Executive Committee, Manzill Murshid, 36, B-1, Mirpur Road, Boshundhora Goli, P.S. Dhanmondi, Dhaka-1205.
–V E R S U S-
- Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, P.S. Raman, District-Dhaka.
- The Secretary (Cabinet Division), The Government of Bangladesh, Bangladesh Secretariat, P.S. Raman, District-Dhaka.
- Inspector General of Police (IGP), Police Bhaban, Phulbaria, P. S. Ramna, District-Dhaka.
- Additional Inspector General of Police (Head Quarter), Police Bhaban, Phulbaria, Police station- Ramna, District-Dhaka.
IN THE MATTER OF:
Inaction of the Respondents to protect persons and the properties of the citizens belonging to religious minority and failure to perform the duties to take legal action against the miscreant/terrorist/accused of the incident and continues ignoring the responsibility vested upon them as per the constitution.
Mr. Justice Syed J.R.Mudassir Husain, the Chief Justice of Bangladesh and his companion Justices of the said Hon’ble Court.
The humble petition of the petitioners above named most respectfully:-
S H E W E T H:
- That the Petitioner No.1 is the Human Rights Congress for Bangladesh Minorities (HRCBM), Bangladesh Chapter, represented by it’s President Advocate Rabindra Ghosh. 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 Santa Clara, California, U. S. A. The function of the organization is to establish human rights in the country, to stop anti human rights activities, to protect the religious minorities in Bangladesh from persecution and to bring the offenders to justice for punishing them for their criminal conducts. The organization also working to promote worldwide campaign on “THE PLIGHTS OF BANGLADESH MINORITIES”. The petitioner is providing legal assistance to religious minorities of Bangladesh. He is also co-coordinating amongst the organizations who serve “Bangladesh Minorities” and he is working with UN to help the oppressed Bangladesh Minorities”.
PIL on Vested Property Act (VPA)
High Court Division
(SPECIAL ORIGINAL JURISDICTION)
WRIT PETITION NO. 6092 OF 2008.
IN THE MATTER OF
An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.
IN THE MATTER OF :
Human Rights Congress for Bangladesh Minorities, Bangladesh, represented by its Secretary General, Rabindranath Trivedi.
1. Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka.
2. The Secretary, Ministry of Land, Bangladesh Secretariat, Dhaka.
3. The Secretary, Ministry of Establishment, Bangladesh Secretariat, Dhaka.
in the matter of:
The Enemy Property (Continuance of Emergency Provisions) (Repeal) Act, 1974 which received the assent of the then President of People’s Republic of Bangladesh on 1st day of July, 1974 and which was deemed to have come into force on the 23rd day of March, 1974 vide and subsequently promulgated “Vested Property Repeal Act 2001” vide Annexure A & A1.
Mr. Justice M. M. Ruhul Amin, the Honorable Chief Justice of Bangladesh Supreme Court and his Companion Justices of the said Hon’ble Court.
The humble petition on behalf of the petitioner above named most respectfully –
- That the petitioner, Human Rights Congress for Bangladesh Minorities, Bangladesh, represented by its Secretary General, Rabindranath Trivedi (former Additional Secretary, Government of Bangladesh) is a permanent citizen of Bangladesh and who is working to increase awareness about Human Rights and filling public interest litigation in case of violation of fundamental rights Human Rights.
- That the addresses of the petitioner and the respondents
given in the cause title of this petition are correct addresses
for the purpose of service notices upon them.
- That the Constitution of the People’s republic of Bangladesh
has provide for all citizen to enjoy equal protection of law, to
be treated in accordance with law, freedom of
profession/occupation, freedom of religion, right to acquire
property and protection of home.
- That the petitioner in this writ petition, with full competence,
impugns and questions the constitutional validity of the
Enemy Property (Continuance of Emergency Provisions)
(Repeal) Act, 1974 which received the assent of the then
President on the 1st July, 1974 and which is deemed to have
come into force on the 23rd March, 1974. And without
preamble “Vested Property Repeal Act, 2001 promulgated.
- That to make an idea about the impugned Act one needs to go
back to the year 1965. On the very day of the armed conflict
between India and Pakistan, a state of Emergency was
proclaimed by the Government of Pakistan. Defense of Pakistan Ordinance (No.XXIII of 1965) was promulgated,
where under all interests of Indian nationals and the residents
in India in the firms and companies as well as in the lands
and buildings lying in Pakistan became liable to be taken
over by the Central Government of Pakistan or the Custodian
of Enemy property appointed by it as Enemy Firm or Enemy
Property for control or management of the same. An enemy firm included, by definition a company incorporated under
the Companies Act.