Bangladesh: Ruling on extra-judicial punishments by beating and lashing in Shalish

المصدر: 
WLUML Networkers
The High Court today issued a Rule Nisi today on the Government and the Inspector General of Police as follows:
To show cause why their failure to act in a timely manner and to comply with their legal and constitutional duties to take effective measures to prevent the imposition and execution of extra-legal penalties including by way of framing and adopting and disseminating appropriate guidelines, directions or orders to all concerned authorities to report any information regarding the occurrence or likely occurrence of such incidents should not be declared to be without lawful authority and of no legal effect and /or violative of fundamental rights as guaranteed under Articles 27, 31, 32, 35(5) and 43 of the Constitution, and as to why the Respondents should not be directed to frame and adopt such guidelines, directions or orders as appropriate and to disseminate them through Bangladesh Television and Bangladesh Betar”
The Court also issued an interim order upon the Government and the law enforcing agencies and all Union Parishads and Paurashavas to take immediate measures to investigate promptly any report received of the issuance and imposition of an extra-judicial penalty such as beating or lashing by any person or body, including a Member of Chairman of any Union Parishad or Paurashava, and to take appropriate measures against any person found responsible, also to provide security and protection to any victim.

The High Court also directed the Ministry of Local Government to inform all Union Parishads and Paurashavas of this order.

A Division Bench comprising Justice Mahmud Hossain and Justice Quamrul Islam Siddique issued the Rule and order.The writ petition was filed jointly by the Bangladesh Legal Aid and Services Trust (BLAST), Bangladesh Mahila Parishad, Ain o Salish Kendra(ASK), BRAC and Nijera Kori.

Source: WLUML networkers