7 directives to implement one order, yet ignored

In 2020, the High Court issued nine directives to control air pollution in Dhaka. By January 12, 2024, the court had reiterated these directives seven times. Despite this, the directives remain unimplemented. Legal experts have called such repeated disregard for court orders a grave act of contempt.

The High Court’s 2020 verdict aimed at curbing air pollution included the following directives:

1. Regularly spray water on Dhaka's roads.

2. Seize vehicles emitting black smoke.

3. Ensure waste, sand, and soil are transported in covered trucks within the city.

4. Permanently shut down illegal brick kilns.

5. Mandate contractors to cover construction sites.

6. Enforce the Road Transport Act 2018 to determine the economic life of vehicles and ban outdated ones.

7. Ensure compliance with laws and contract terms for mega projects and road construction, including carpeting.

8. Ban tire burning and unauthorized battery recycling without the Department of Environment's approval.

9. Require markets and shops to pack their waste for collection by city corporations after closing.

Following the lack of implementation, on December 9, 2020, the High Court sought a report on the measures taken to curb air pollution in Dhaka and issued a rule against negligence in this matter. The bench of Justice Md. Ashfaqul Islam and Justice Mohammad Ali issued the order.

On November 8, 2021, the High Court ordered immediate measures to spray water on Dhaka's roads and cover trucks carrying waste, sand, and soil within the city.

On November 13, 2022, the High Court issued another directive, ordering authorities to shut down illegal brick kilns around Dhaka and ensure they stop using wood as fuel. The court directed the Cabinet Secretary to issue instructions to deputy commissioners and submit a report.

On January 31, 2023, the High Court again sought an update on steps taken to reduce air pollution. When the directive was not implemented, the court ordered the removal of all illegal brick kilns in Dhaka and its surrounding districts within two weeks on February 27, 2023.

Despite these orders, no significant progress was made. On November 27, 2023, the High Court, expressing frustration, directed authorities to take immediate steps to reduce air pollution in Dhaka. The court remarked that officials of the Department of Environment and Dhaka city corporations seemed unconcerned about the issue because their children lived abroad.

On May 17, 2023, due to non-compliance, the High Court summoned two officials from the Department of Environment and the deputy commissioners of Gazipur, Manikganj, Munshiganj, Narayanganj, and Narsingdi. Justice KM Kamrul Kader’s bench instructed them to take effective measures against air pollution.

On January 12, 2024, following a supplementary petition filed by the environmental organization Human Rights and Peace for Bangladesh (HRPB), the High Court expressed concern over Dhaka's air pollution. After the hearing, the court ordered the implementation of the nine directives within seven days and instructed the respondents to submit a report by January 26. The bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury issued the order, with senior lawyer Manzill Murshid representing the petitioners.

Senior Supreme Court lawyer Barrister Badruddoza Badal told Views Bangladesh, “Despite the court’s directives, minimal action has been taken, and most instructions remain unfulfilled. As a result, Dhaka recently ranked as the world’s most polluted city. While some measures were taken in mid-2023, reducing pollution slightly, the lack of proper implementation has returned Dhaka to the top of the pollution list. Those repeatedly defying court orders should face contempt charges.”

Another senior lawyer, Manzill Murshid, stated, “The High Court has issued six separate orders to enforce the nine directives on air pollution in Dhaka. However, nothing substantial has happened. On January 12, the court issued its latest directive, setting a deadline of January 26. If the directives are not implemented by then, contempt of court cases will be filed.”

Attorney General Md. Asaduzzaman commented, “It is unacceptable that the High Court had to issue orders seven times to enforce a single set of directives. If these are not implemented, contempt proceedings should follow. This negligence began during the previous administration, and my predecessor as Attorney General should have overseen this issue. However, if the directives remain ignored, the state will take decisive action.”