Corporate Accountability, State Responsibility and Rights to Natural Resources

August 31, 2005 - PILs of 2005, Public Interest Litigation - no comments
Case Name and Number: NIKO Case, Writ Petition No- 6911/2005
Parties: BELA, ASK & others Vs. Bangladesh & others
Court: High Court Division of the Supreme Court
Judges: Justice Mohammad Abdur Rashid, Justice Md. Fazlur Rahman
ASK’s Role: Petitioner
Conducting Lawyer: Dr. Kamal Hossain, M. Enayetur Rahman, Tanjib-ul-Alam
Subject Matter: ASK filed this case with other organisations addressing the failure of the government and Niko Resources (Bangladesh) Limited to properly comply with the safety measures and to monitor the exploration activities to prevent successive blow outs in Tengratila Gas Field, Chhatak, Sunamgonj, resulting huge damage of public and private properties and incurable environmental degradation in the area.
Court’s Response: The Court issued a rule nisi upon the respondents on September 12, 2005 as to why the Joint Venture Agreement made between the government and Niko for the development of petroleum from the so-called marginal/abandoned gas field in Chhatok and Feni should not be declared without lawful authority. The Court directed the government to submit investigation reports on the successive blowouts in Tengratila Gas Field and also to submit a report specifying the measures that have been taken against Niko Resources (Bangladesh) Ltd. The Court also directed to freeze all bank accounts of Niko Resources (Bangladesh) Ltd. till disposal of the rule.
Current Status: The case is now pending for hearing.
ASK Contact: Abu Obaidur Rahman, Senior Coordinator, Legal Advocacy & Policy Reform Unit. Email:ask@citechco.net