COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

Appendix- Part A

ENVIRONMENT RELATED EXTRACTS FROM THE CONSTITUTIONS OF SOUTH ASIAN COUNTRIES (Referred to in the Cases)

BANGLADESH

Constitution of the People's Republic of Bangladesh as arnended through 1986.

Part II, Art. 23
The state shall adopt measures to conserve the cultural traditions and heritage of the people and so foster and improve the national language, literature and the arts that all sections of the people are afforded and the opportunity to contribute towards and to participate in the enrichment of the national culture.

Part II, Art. 24
The state shall adopt measures for the protection against disfigurement, damage or removal of all monuments, objects or places of special artistic or historic importance or interest.

Part III, Art. 31
To enjoy the protection of law, and to be treated in accordance with the law, and only in accordance with the law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with the law.

Part III, Art. 32
No person shall be deprived of life or personal liberty save in accordance with the law.

Part VI Art. 102
102.

1. The High Court Division, on application of any person aggrieved, may give directions or orders to any person or authority, including any person performing any function in connection with the affairs of the Republic, as may be appropriate for the enforcement of any of the fundamental rights conferred by Part III of this Constitution.
2. The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law-
   (a) on the application of any person aggrieved, make an order
       (i) directing a person performing any functions in connection with the affairs of the Republic or of a local authority, to refrain from doing that which he is not permitted by law to do or to do that which he is required by law to do; or
       (ii) declaring that any act done or proceeding taken by a person performing functions in connection with the affairs of the Republic or of a local authority has been done or taken without lawful authority, and is of no legal effect: or
   (b) on the application of any person, make an order-
       (i) directing that a person in custody be brought before it so that it may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner; or
       (ii) requiring a person holding or purporting to hold a public office to show under what authority he claims to hold that office.
3. Notwithstanding anything contained in the foregoing clauses the High Court Division shall have no power under this article to pass any order in relation to any law to which article 47 applies.
4. Where on an application made under clause (1) or sub-clause (a) of clause (2), an interim order is prayed for and such interim order is likely to have the effect of-
   (a) prejudicing or interfering with any measure designed to implement any socialist programme, or any development work; or
   (b) being otherwise harmful to the public interest, the High Court Division shall not make an interim order unless the Attorney-General has been given reasonable notice of the application and he (or an advocate authorized by him in that behalf) has been given an opportunity of being heard, and the High Court Division is satisfied that the interim order would not have the effect referred to in subclause (a) or sub-clause (b).
5. In this article, unless the context otherwise requires, "person" includes a statutory public authority and any court or tribunal, other than a court or tribunal established under a law relating to the defense services of Bangladesh or a tribunal to which article 117 applies.