Writ on Savar Rana Plaza Collapse
(Writ Petition No. 4390 of 2013)
Name of the Parties
1. Ain o Salish Kendra (ASK), represented by its Executive Director, 7/17, Block-B, Lalmatia, Dhaka
2. Bangladesh Legal Aid and Services Trust (BLAST) represented by its Legal Advisor, YMCA Bhaban, 1/1, Pioneer Road, Shegunbagicha, Dhaka.
1. Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretarial, Dhaka.
2. RAJUK, represented by its Chairman, JAJUK Bhaban, Motijheel, Dhaka.
3. Inspector General of Police, Police Headquarter, Dhaka.
4. The Superintendent of Police, Dhaka Division.
5. Officer in Charge, Savar Thana, Savar, Dhaka
6. Chief Inspector of Factories, Srama Bhaban, 4 DIT Avenue, Dhaka.
7. Md. Shohel Rana, owner of Rana Plaza, Savar Bazar, Savar, Dhaka.
8. Managing Director, New Wave Bottoms Limited, Rana Plaza, Savar Bazar, Savar, Dhaka.
9. Managing Director, Phantom Apparels Ltd., Rana Plaza, Savar Bazar, Savar, Dhaka.
10. Managing Director, Phantom Tack Ltd., Rana Plaza, Savar Bazar, Savar, Dhaka.
11. Managing Director, Ethar Textile Ltd., Rana Plaza, Savar Bazar, Savar, Dhaka.
Failure of the respondents to ensure effective enforcement of applicable laws on building construction and workplace safety, in particular, failure to prevent deaths of and injuries of garment workers and other people from collapse of the nine-storey building namely Rana Plaza, in Savar, Dhaka amounting to breach of statutory duties and gross negligence of the respondents.
Wherefore it is most numbly prayed that your Lordships may graciously be pleased to:
(A) Issue a Rule Nisi calling upon the respondents to show cause as to why they should not be directed to take necessary action as required by the law and the Constitution to effectively investigate, prosecute and punish those responsible for the deaths and injuries to the victims of the building collapse on 24.04.2013 at Savar, Dhaka and to take all necessary measures for such purpose and for prevention of any future such occurrence, including:
(i) To secure payment by the respondents of adequate compensation to the victim workers and their families, who have died or have suffered injury in the said building collapse.
(ii) To ensure appropriate protective measures in particular safety precautions in the event building collapse and to implement and enforce legal provisions for the rehabilitation of the victims of such incidents as well as making available appropriate medical treatment for victims of building collapse.
(iii) To direct the respondent Nos. 4 to 6 to produce the respondent Nos. 6 to 9 before this Hon’ble Court on a particular day to clarify their responsibilities.
(B) Pending hearing of the rule, pass interim orders
i) To directly the respondent Nos. 3-5 to produce the respondent Nos. 7 to 11 before this Hon’ble Court on a particular day to clarify their responsibilities;
ii) To direct the respondents to ensure immediate rescue of the victims and also ensure proper treatment at their responsibility, costs and expenses;
iii) To direct the respondent No. 7 owner of the building to produce before the court necessary approvals in respect of the aforesaid collapse building within a stipulated period of time;
iv) To direct the respondent Nos. 1-6 to intimate the Hon’ble Court about the steps they have taken meanwhile in respect of the victims.
(C) After perusing the causes, if any show and haring the parties make the rule absolute.
(D) Cost of and incidental to this applicant be directed to be born by respondents.
(E) any other or further order orders as may be deemed fit and proper be also granted.
April 28, 2013