COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

BANGLADESH

Bangladesh - Constitutional Rights, Noise Pollution

BANGLADESH ENVIRONMENTAL LAWYERS ASSOCIATION v. THE ELECTION COMMISSION AND OTHERS

SUPREME COURT OF BANGLADESH High Court Division WRIT PETITION NO. 186 OF 1994 M.I.U. SARKER, J. AND J.KE. HOQUE, J.

Introduction

The petitioner, Dr. Mohiuddin Farooque, Secretary-General of the Bangladesh Environmental Lawyers Association, filed this application against the Election Commission and others, alleging that candidates for the offices of Ward Commissioner and Major were flouting election laws and causing environmental pollution in the city with noise from loudspeakers and unscheduled processions resulting in traffic jams, and city walls defaced by slogans.

The Election Commission had given direction to the Dhaka City Corporation and police authorities, and the Dhaka City Corporation subsequently published notices in the daily newspapers that undesirable posters, banners, and wall writings be removed. Petitioner asked that these candidates be required to comply with directives of the Election Commission that such pollution cease.

Legal Framework

Article 126 of the Constitution of Bangladesh (executive authorities shall assist Election Commission in discharge of its functions.)

Rule 3 of the Dhaka City Corporation Rules, 1983 (executive authorities shall assist Election Commission in performance of its functions.)

Held

It is clear that the Election Commission and the Dhaka City Corporation have taken steps to stop the alleged environmental pollution. In addition, the Attorney-General assured the Supreme Court that the government will take all necessary steps to implement the directions of the Election Commission.

In view of these facts, the Supreme Court held that further direction was unnecessary. The Supreme Court noted that "it is desirable to mitigate the environmental pollution as alleged by the Petitioner".