The Court order of Justice Syed Refaat Ahmed and Justice Md. Salim on Monday asking the concerned authorities to snap all utility services to leather factories including water supply, gas link and electricity connection is almost unprecedented. It seems to be highly critical to secure the ouster of the tanners as they are breaking dead lines time and again since 2010, the last being on March 31 to relocate leather factories to Savar.
In another suo moto order by yet another High Court Bench on Tuesday comprising of Justice Quazi Reza-Ul Hoque and Justice Mohammad Ullah summoned the Managing Director of Dhaka Water Supply and Sewerage Authority and the Chief Executive Officer of Dhaka South City Corporation to personally explain on March 19 why a blind man died falling inside an uncovered manhole at Paltan in the capital on Monday should not be held responsible for causing the death. They also wanted to know from them why a criminal case would not be filed against them for dereliction of duty and they would not be directed to pay compensations to the victim’s family.
The other respondents, Local Government Division Secretary, Dhaka Metropolitan Police Commissioner, DWASA Executive Engineer (Drainage), DSCC Chief Conservancy Officer and Paltan Police Stations Officer-in-Charge, were also directed to submit replies to the rule. Their rule on the government functionaries essentially shows that where the government is failing to protect people’s life and property, the Court is coming up to protect the basic rights of the people playing a proactive role to fill up administrative vacuum.
It appears that the HC reacted on the news that Dhaka WASA denied responsibility of the death and the question arises who should be held accountable for keeping the manhole unprotected. Dhaka WASA is responsible for the manholes and must be accountable also.
In the first case related to shifting the tanneries to Savar it appears that the government claims that all facilities for shifting the tanneries have been made available is partially true. Tannery owners disagree to the claim and say that water supply and electricity management are still inadequate.
So far 43 factories have shifted to the new estate while 154 are delaying mainly blaming incomplete construction of factories and gas and power supply. As the government and factory owners are trading blames on each other, an environment lawyers group went to High Court on January 3 seeking its intervention to break the impasse.
The Court order on Monday has asked the Director General (DG) of Department of Environment (DoE) for immediate removal of the factories and the Ministry of Industry and to report by April 6 on execution of the order. It has also instructed the Ministries of Home, and Industry, the Inspector General of Police and Dhaka Metropolitan Police Commissioner to help the concerned agencies to securing the removal of the factories. It seems to be the toughest stance of the Court so far in this regard.
Earlier on March 2, another High Court Bench of Justice Md. Ashfaqul Islam and Justice Ashish Ranjan ordered 154 tanners to pay Tk 30.85 crore as fines in two weeks in arrear while they were asked to pay fines on daily basis until they have moved out.
Many have the reasons to believe that the High Court is playing a very tough administrative role in many cases for non compliance where the government is failing.
We have to express caution about the proactive role of the Court in respect of things the government must do. The government is very disorganised. So the Court has to know how far it should go.
In our view the Court should remain within its domain, that is to say, in protecting the fundamental rights and ensuring justice.
