Judicial Development of Public Interest Litigation (PIL) in Bangladesh.

Abstract

The word „Public Interest Litigation' compromises some litigations performed with the purpose of the privilege of the public and for reduction of public grievances. But it can be said that, Public Interest Litigation suggests litigation for the preservation of public interest. „Public Interest Litigation' has been subjected to judicial development in Bangladesh since the renowned Case Kazi Mukhlesur Rahman vs Bangladesh and another mostly known as Berubari Case. After failing to establish Standing Principle perfectly through this early case by the Court as this case‟s subject-matter was under Parliamentary approval and enactment, the FAP 20 Case finally has been described as a perfect example of PIL by the AD in 1996 where PIL has been identified as a particular type of Constitutional Litigation under the Bangladeshi legal system. Afterwards, if public wrong or injury is identified by any member of the public, he/she has option to file a writ petition on behalf of the group of people or vulnerable section of the community. „Public Interest Litigation' is stated under Article 102 of the Constitution.1 Article 102(1) enables court to uphold a ruling when a breach of fundamental rights has been happened. Such kind of rights has been described under Part III of the Constitution.2In this Article, Sub-Article 102(1)(a) authorizes court to uphold an order imposing government to take action what is required by law and not to take action what is forbidden by law. Particularly these litigations may arise if the victim does not have essential resources to commence litigation or for any reason, his liberty to proceed the court has been impeded and violated. In this respect, court can hold cognizance of the issue as well as proceed suo motu or litigation can begin if any public-spirited person or organisation files any petition.