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.