High Court Declares Strikes and Hartals Against Court Orders Illegal

The High Court on Sunday, September 13, declared any strike or hartal called in protest against a court judgment or order illegal and directed action against bus owners’ associations and labour organisations responsible for such calls.

A High Court bench comprising Justice Shashank Kumar Sarkar and Justice Faisal Hasan Arif delivered the verdict.

The court directed the Home Secretary, Bangladesh Road Transport Authority (BRTA) and Bangladesh Road Transport Corporation (BRTC) to take action under criminal law if any strike or hartal is called against a court judgment or order.

The verdict said court judgments are binding on everyone under Article 112 of the Constitution. Although judgments may be challenged through appeals, calling a strike or hartal against a verdict is illegal and contrary to the Constitution.

The ruling followed a writ petition filed by Human Rights and Peace for Bangladesh (HRPB), a human rights and environmental organisation, in the public interest.

In August 2011, five people, including filmmaker Tareque Masud and cinematographer Mishuk Munier, were killed in a road accident in Ghior, Manikganj. An Additional District and Sessions Judge in Manikganj sentenced the bus driver in the case on February 22, 2017.

Media reports said bus owners observed a transport strike and hartal in protest against the driver’s sentence.

Following HRPB’s writ petition, the High Court issued a rule in 2017 asking why strikes or hartals against court verdicts should not be declared illegal. The court also ordered the withdrawal of the strike or hartal within 24 hours and directed authorities to ensure vehicle movement.

The transport strike was withdrawn the following day in compliance with the court order. The High Court delivered its verdict after the final hearing on the rule.

Senior Advocate Manzil Morshed represented the petitioner. Deputy Attorney General Muhammad Ahsan Habib represented the state. Advocate Asibul Haque appeared for BRTC, while Md Rafiul Islam represented BRTA.

Manzil Morshed said bus owners had shown disrespect towards the court order by calling a transport strike after the driver was sentenced over the accident. He said the strike also obstructed citizens’ freedom of movement and caused suffering to thousands of people.