Even after the High Court orders in many cases on Public Interest Litigation (PIL), the authorities concerned did not pay heed resulting in immense suffering for the litigants and leading various irregularities include corruption into the administrative system.
Legal experts alleged that even members of law enforcement agencies, bureaucrats and politicians failed to abide by the law. In some cases, the violators running their activities in front of members of law enforcing agencies while they turn a blind eye to the violation.
Due to the reluctant of government bodies in sometime fatal accidents involving three-wheeler, non-motorised and other illegal vehicles took place across the country.
These vehicles are running on highways place across the country defying the High Court ban and other recommendations, it was learnt.
These tragedies might not have happened, if the concerned senior officials of the government had followed the High Court orders properly, experts opined.
On January 25 in 2017, the HC ordered the closure of Nasimon, Karimon and Bhatavti on the highway. In its four-point directives the HC said that effective steps should be taken to stop the movement these vehicles in ---Bagerhat, Narail, Satkhira, Meherpur, Chuadanga, Magura, Kushtia, Jhenaidah, Khulna and Jessore.
The HC ordered the DIG of Highway Police and Superintendents of Police of the concerned districts to implement its directive.
The investigation says that the bureaucrats are not following the orders of the lower or higher courts properly in most cases.
District Commissioner (DC), Superintendent of Police (SP), Upazila Nirbahi Officer (UNO), AC Land, OC - no one takes much notice of court orders.
Finally, it was found that a contempt of court petition was also filed against the concerned officials for not following the HC order.
The HC bench summoned the concerned officials and reprimanded them in harsh language.
Later, the bureaucrats appeared before the HC and sought apology for not complying with its directive. Years passed like this. Court orders given in public interest remain on paper. Problems are never solved. The suffering of the people does not go away.
As per example of a case, how the judge called the defendant bureaucrats in a public interest case and reprimanded them in Kushtia for violating court order.
The High Court on August 22 in 2022 cautioned Deputy Commissioner (DC) of Kushtia Mohammad Saidul Islam during the hearing of a contempt of court case.
Addressing him in the court, the High Court said, "It is sad but true that the common people can't enter the DC office. Common people don't get a chance to talk about their problems. Your office doors and windows are covered with thick curtains. Because of which people can't even see your pictures."
Issuing a strict warning, the HC bench of Justice Abu Taher Md Saifur Rahman and Justice KM Rabiul Hasan told the DC, "We are warning you. From now on keep the doors and windows of the DC office open."
The High Court said that DC is the heart of the government. "You have to act like that for the people," it added.
The court asked questions and said there are incidents of theft and robbery everywhere, government property is being encroached, will you just sit on the chair and do nothing as you don't receive complaints?
Later, the court exempted Kushtia DC Mohammad Saidul Islam from personal appearance in the contempt of court case.
Earlier, the same bench of the HC had on August 11 in 2022 summoned the Kushtia DC, SP, BRAC Bank MD Selim RF Hussain and businessman, directing them to appear before it for selling properties worth Tk 123 crore at a price of Tk 15 core through an auction violating a stay order.
The HC bench issued the order and a rule following a petition filed by Shafiqul Islam, proprietor of Biswas Traders, VIP Rice Mill and M/S VIP Auto Flour Mill at Ailchara village in Kushtia.
The HC bench on August 2 stayed the process for auctioning properties involving the business establishments for three months. It also issued a rule asking them to explain why the auction process published in the daily Manob Kontho and the daily Mukto Moncho on March 24 should not be declared illegal.
The HC also asked Shafiqul to pay Tk 20 core in one month and subsequently to pay Tk 6 core in one year to Brac Bank Limited as the properties were mortgaged to the bank, he said.
Despite the stay order, Brac Bank Limited has sold the properties to Abdur Rashid at a price of Tk 15 core at night on August 5 in connivance with the DC, SP and OC, he added.
On February 20 this year, a HC bench expressed anger at government high officials for not complying with its orders, as well as its decision to refuse to hear a contempt of court petition against a secretary, are well-justified.
'We are "fed up" with the fact that many of the court's orders remained unimplemented, despite the court passing them for the welfare of the country,' the HC bench said.
The bench further stated that government high officials do not pay heed to the court's orders and, ultimately, without their proper implementation, these orders will end up in the trash bin.
The High Court bench also rightly observed that government officials display a degree of annoyance if they are summoned to appear before the court in connection with contempt of court petitions, despite being bound as per the constitution to comply with the court's orders - something that another High Court bench had previously observed.
On February 5 this year, another HC bench rebuked and expressed severe annoyance at the Department of Environment under the environment ministry for failing to take any effective steps to curb air pollution in Dhaka, despite repeated directives. And it observed that citizens were literally being "killed" by such inaction.
However, it is not just the environment ministry that is at fault here. Over the years, we have seen a tendency developing among government authorities to disobey orders of the Supreme Court, as no punishment was handed down for non-compliance with its orders.
The government and other authorities are bound to implement every directive of the Supreme Court, as it is binding on all, according to Article 111 of the Constitution.
Article 112 of the Constitution also says that, "All authorities, executive and judicial, in the Republic shall act in aid of the Supreme Court."
Even after the High Court order that ordered concerned authorities to preserve ponds of Rajshahi, Noaga, Gazipur and other part of the country by keeping them undamaged and in original condition.
In several times, the HC also ordered the authorities to ensure that no one can encroach or fill the ponds again. But, filling up ponds continued across the country violating the HC orders, petitioners alleged.
Supreme Court lawyer Barrister Jyotirmoy Barua said that there is a lack of good governance and various irregularities including corruption have crept into the administrative system. Therefore, people are forced to go to court seeking remedy.
Chief executive of Bangladesh Environmental Lawyers Association (BELA) Rizwana Hasan said, "Public interest litigations are filed for women's rights, protection of hills, halting stone extraction, protecting wildlife, preventing ponds and earth filling, preventing corruption, upholding land rights and ensuring the rights of children, the disabled and so on. We go to the highest court with public interest litigation cases. The court is our last resort."
She went on to say injured parties, lawyers and development agencies take up public interest litigation cases to protect various rights and address the government's reluctance to enforce the law.
President of Human Rights and Peace for Bangladesh, Manzill Murshid, said rulings are passed on public interest litigation cases. Some of the rulings are implemented and some are not. More attention must be paid to the implementation of verdicts in public interest litigation cases.
In sometimes, the government not acted properly even after filing contempt court petition due to the lack of sincerity.
