High Court declares strikes, shutdowns against court verdicts illegal

The High Court has declared any call for strike, shutdown or work stoppage against a court verdict or order illegal and unconstitutional. At the same time, the court has directed the relevant authorities to take legal and criminal action against the concerned bus owners' associations and workers' organisations if a transport strike or shutdown is called in protest against a court verdict or order.

The High Court bench comprising Justice Shashanka Kumar Sarkar and Justice Faisal Hasan Arif delivered the verdict on Sunday, September 13.

In its observation, the court said that under Article 112 of the Constitution, all executive and judicial authorities of the country are obliged to comply with the verdicts and orders of the Supreme Court. The aggrieved party has the opportunity to seek an appeal or other legal remedy against any verdict or order. However, calling a strike, shutdown or work stoppage against that verdict or order is not lawful.

The court further said such programmes against a court verdict amount to showing disrespect to the judiciary as well as being contradictory to the Constitution.

In the verdict, the court directed the Secretary of the Ministry of Home Affairs, Bangladesh Road Transport Authority (BRTA), Bangladesh Road Transport Corporation (BRTC) and other relevant authorities to take necessary legal action if any strike or shutdown is called against a court verdict or order.

Earlier, in August 2011, five people, including filmmaker Tareque Masud and journalist and broadcaster Mishuk Munier, were killed when a microbus collided with a 'Deluxe Paribahan' bus in Ghior upazila of Manikganj. After judicial proceedings against the bus driver in the case filed over the incident, the Additional District and Sessions Judge's Court of Manikganj delivered a verdict on February 22, 2017.

Centring that verdict, bus owners called a transport strike and shutdown. When news of this was published in the media, the human rights and environmental organisation Human Rights and Peace for Bangladesh (HRPB) filed a writ petition in the High Court in the public interest.

Hearing the writ petition, a High Court division bench issued a rule on March 1, 2017. At the same time, an interim order directed that the strike and shutdown be withdrawn within 24 hours and arrangements be made to keep vehicular movement normal on the roads. The transport strike was withdrawn the day after the court's order.

Later, the final hearing of the rule began in the bench of Justice Shashanka Kumar Sarkar and Justice Faisal Hasan Arif. After a long hearing, the court declared the rule absolute and delivered this verdict.

During the hearing on behalf of the petitioner organisation HRPB, Senior Advocate Manzill Murshid told the court that under Article 112 of the Constitution, complying with the court's verdicts and directives is mandatory for all relevant authorities. After the bus driver was sentenced in the accident case, the owners showed disrespect for the court's order by calling a transport strike.

He further said the Constitution recognises citizens' freedom of movement as a fundamental right. Transport strikes obstruct the movement of ordinary people and put thousands of people in distress. Although there is a legal opportunity to appeal against a verdict, there is no scope to call a strike or shutdown against it.

Advocate Mohammad Sarwar Ahad Chowdhury and Advocate Mahabubul Islam were present on behalf of the writ petitioners. Senior Advocate Manzill Murshid conducted the case on behalf of HRPB. Advocate Sanjoy Mandal and Advocate Ripon Barai assisted him.

Deputy Attorney General Mohammad Ahsan Habib represented the state. Advocate Asibul Haque represented BRTC and Advocate Md Rafiul Islam represented BRTA.

A total of 17 people were made defendants in the case, including the Secretary of the Ministry of Road Transport and Bridges, the Secretary of the Ministry of Home Affairs, the Chairmen of BRTA and BRTC, the DIGs of Dhaka, Rajshahi, Barishal, Rangpur, Chattogram and Mymensingh ranges, and the Road Transport Owners' Association.