High Court issued stay order

The High Court issued a stay order for four months on the eviction of Shahidertek Bosti at Agargaon. The court issued the order in response to the writ petition filed by Ain o Salish Kendra (ASK) and four slum dwellers.

On 14 January, the Senior Assistant Secretary of the Housing and Public Works Ministry issued a notice upon the inhabitants of Shahidertek Bosti to vacate their possession of the bosti land within 10 days. In response to that notice, ASK and the slum dwellers filed a writ petition on 1st February 2010 where Secretary and the Senior Assistant Secretary of the Housing and Public Works Ministry, Deputy Commissioner of Dhaka, Inspector General of Police, Metropolitan Police Commissioner and the O.C of Sher-e-Bangla Nagar Police Station were made respondents.

It is mentioned in the petition that, 2100 inhabitants have been living in the bosti for 25 years and have been enrolled as the voters of the locality and they have cast their votes in the last national election. UNICEF and BRAC run education and health program respectively in that bosti. The petition highlighted that, there is a clear and positive duty cast upon the Government under Article 15 of the Constitution to provide the basic necessities for the people (including food, clothing, shelter, education and health), the right to work and the right to social security, which is read together with the fundamental right – ‘Right to Life’ guaranteed by Article 32 of the Constitution. It is also said in the petition that, the issuance of the notice without any prior rehabilitation is in clear violation of the principles enunciated in the previous judgment of the High Court (19 BLD 1991 page-488)

The High Court bench comprised Justice Momtaz Uddin Ahmed and Justice Naima Haider issued the rule. The petitioners were represented by Barrister Sara Hossain with the assistance of ASK’s lawyer Abanti Nurul. Deputy Attorny General Mostofa Zaman Islam represented the Government in the case.