The High Court has ruled that calling any hartal or strike against a court verdict or order is illegal. It has directed that action be taken against bus owners’ associations and workers’ organisations if such a strike or hartal is called. The High Court bench of Justice Shashanka Shekhar Sarkar and Justice Faisal Hasan Arif made the ruling on Sunday, making an earlier rule on the matter absolute.
Supreme Court senior lawyer Manzill Murshid appeared for the petitioner, along with advocates Sanjoy Mondol and Ripon Baroi. Deputy attorney general Mohammad Ahsan Habib appeared for the state. Advocate Asibul Haque appeared for BRTC, and advocate Md Rafiul Islam for BRTA.
In August 2011, a bus belonging to Deluxe Paribahan collided with a car in Ghior upazila, Manikganj, killing five people, including filmmaker Tareque Masud and cinematographer Mishuk Munir. A case was filed against the bus driver over the accident, and on February 22, 2017, the Manikganj additional district and sessions judge’s court convicted him.
Following that conviction, bus owners called a transport strike and hartal, which was widely reported in the media. In the public interest, human rights and environmental organisation Human Rights and Peace for Bangladesh filed a writ petition. After hearing the petition, the court issued a rule on March 1, 2017, asking why calling a strike or hartal against a court verdict should not be declared illegal.
Lawyer Manzill Murshid told reporters that after the hearing, the court made the rule absolute today. The court has directed the home secretary, BRTA and BRTC to take legal action, including action under criminal law, if a strike or hartal is called against a court verdict or order.
In its ruling, the court said that under Article 112 of the constitution, a court verdict is binding on everyone. While there is scope to appeal against a verdict, calling a hartal or strike against it is illegal and unconstitutional.