Hartals, strikes against court verdicts, orders are illegal: High Court
Court directs authorities to take action against such programmes
The High Court has declared calling a strike or hartal against a court verdict or order illegal, directing the authorities to take legal and criminal action against organisations that announce such programmes.
A bench of Justice Shashank Shekhar Sarkar and Justice Faysal Hasan Arif delivered the verdict today (13 September), making absolute a rule issued in this regard.
The court observed that court verdicts are binding on all under Article 112 of the Constitution. While parties have the right to appeal against a judgment, calling a strike or hartal in protest against it is illegal and contrary to the Constitution.
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The High Court directed the home secretary, Bangladesh Road Transport Authority (BRTA) and Bangladesh Road Transport Corporation (BRTC) to take legal and criminal action if any strike or hartal is called against a court verdict or order.
Senior Advocate Manzill Murshid appeared for the writ petitioner. Deputy Attorney General Mohammad Ahsan Habib represented the state, while Advocate Asibul Huq appeared for the BRTC and Advocate Md Rafiul Islam for the BRTA.
The rule originated from a writ petition filed by Human Rights and Peace for Bangladesh after transport owners announced a strike following the conviction of a bus driver over a road crash that killed five people, including filmmaker Tareque Masud and journalist Mishuk Munier.
The accident occurred in August 2011 in Manikganj's Ghior upazila when a Delux Paribahan bus collided with a microbus.
The Additional District and Sessions Judge's Court of Manikganj sentenced the bus driver on 22 February 2017, after which transport owners announced a strike.
Following a hearing on the rights organisation's writ petition, the High Court issued a rule on 1 March 2017, asking why calling a strike or hartal against a court verdict should not be declared illegal.
Speaking to reporters today, lawyer Manzill Murshid said the court had made the rule absolute and issued directions to the home secretary, BRTA and BRTC.
He said the court had held that although an appeal against a verdict is available, calling a strike or hartal against a court verdict or order cannot be accepted as it is illegal and contrary to the Constitution.
