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CASE SUMMARY
Writ petition No. 3561 of 2013
Ain o Salish Kendra (ASK), Bangladesh Legal Aid & Services Trust (BLAST),
Samprodayikota O Jangibad Birodhi Mancha, Association for Land Reform and
Development (ALRD), Basudev Dhar, Mohindra Kumar Nath and Ziauddin Tarik
Versus
Bangladesh and another
Summary:
Ain o Salish Kendra BLAST and five others organizations filed a writ petition (WP No.
3561 of 2013) on 03 April, 2013 aggrieved by the failure of the State in discharge its
constitutional duties in preventing attacks on its citizens, particularly members of the
Hindu community whose properties, temples and deities have come under violent attacks
since the month of February, 2013.
The petitioners alleged that these attacks were precipitated by an overall deterioration in
the law and order situation precipitated by judgments pronounced by the International
Crimes Tribunal, especially after the Tribunal convicted Delwar Hossain Saydee in
February, 2013. Supporters of the Jamaat-e-Islami and Islami Chhatra Shibir allegedly
took out a series of processions protesting the verdict and 72 people including several
police officials were killed in the resulting clashes. It was further alleged that participants
of these processions attacked the homes of Hindus and burnt and vandalized their houses
as well as their temples and deities. Various newspapers have published series of reports
of attacks on places of worship and private homes and alleged that this havoc has been
wrought allegedly by members of Jamaat and Shibir across the country.
On 04 April, 2013, a Division Bench of the Hon’ble High Court Division comprising Ms
Mr Justice Zafar Ahmed issued a Rule Nisi calling upon the respondents Bangladesh,
represented by the secretary, Ministry of Home Affairs and Inspector General of Police,
Police Head Quarters, to show cause within 3 (three) weeks as to why their failure to
protect citizens, in particular members of the Hindu and other religious communities
against violent and persistent attacks should not be declared to constitute a failure to
discharge their constitutional duties towards citizens guaranteed under Article 27, 28, 31,
32 and 35 of the Constitution and why appropriate orders and directions should not be
issued upon the respondents in accordance with Article 44 and 102 of the Constitution to
require them to discharge their constitutional duties for the enforcement of the rights of
citizens and to take all necessary measures for such purpose and for prevention of such
future occurrence, including the appointment of a committee of experts to independently
investigate the incidents of attacks including those alleged above on certain citizens based
on their religion and the attacks on their properties and places of worship and to identify
areas where the members of the Hindu and other religious communities are in a
vulnerable state and to arrange special and additional protection by law enforcement
agencies for them and as to why the victims of criminal acts committed against the
members of the Hindu and other religious communities should not be compensated.
Pending hearing of the Rule, the Hon’ble Court directed the respondents to form a
committee to investigate the incidents of attacks including those mentioned above
allegedly by the Jamaat-Shibir, its supporters and alliance after the pronouncement of
judgments by the International Crimes Tribunal in February, 2013.
The matter is now pending for hearing.