Dhaka: The High Court has issued a landmark ruling declaring any strike or hartal called in protest against a court verdict or order illegal. This decision was made by the HC bench consisting of Justice Sashanka Shekhar Sarkar and Justice Faysal Hasan Arif after reviewing a writ petition.
According to United News of Bangladesh, the ruling mandates that authorities take action against bus owners' associations and transport workers' organizations if they initiate such protests. Additionally, the High Court directed the home secretary, Bangladesh Road Transport Authority (BRTA), and Bangladesh Road Transport Corporation (BRTC) to enforce criminal laws against any strike or hartal opposing a court decision.
The High Court emphasized that court verdicts and orders are binding on all under Article 112 of the Constitution. While there is a legal process to appeal court decisions, organizing a hartal or strike in defiance of a court judgment is deemed illegal and unconstitutional.
The context of this ruling dates back to a tragic road accident in August 2011 in Ghior upazila, Manikganj district, which claimed the lives of five individuals, including filmmaker Tareque Masud and journalist Mishuk Munier. The accident led to the bus driver's life imprisonment sentence on February 22, 2017, by the Manikganj Additional District and Sessions Judge. In response, transport owners reportedly initiated a strike to protest the verdict.
The human rights organization, Human Rights and Peace for Bangladesh (HRPB), subsequently filed a writ petition seeking legal action in the public interest. This led to the High Court's 2017 rule questioning the legality of strikes or hartals against court verdicts and demanding their withdrawal within 24 hours to ensure the free movement of vehicles on roads.