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HC outsteps in declaring Turag  ‘living person’: SC

Published : Thursday, 6 August, 2020 at 12:00 AM  Count : 241

The Supreme Court (SC) observed in a full text of verdict that the High Court could not direct the parliament to enact or amend the law or declare any principle to be part of the law as it is the absolute domain of the parliament.
However, the SC has modified three directives (7, 14, and 15) of the HC verdict regarding river grabbing and pollution, saying that it has exceeded its jurisdiction relating to those directions.
The apex court released the 40-page text of the verdict after four judges, including Chief      Justice Syed Mahmud Hossain signed it recently.
Justice Zinat Ara, who was a member of the SC bench during the hearing on the case, wrote the verdict as author judge, she retired on March 12.
On February 17, an Appellate Division bench of four judges had delivered the short verdict on an appeal that challenged the HC verdict.
Following a writ petition filed by Human Rights and Peace for Bangladesh (HRPB), the HC on February 3 in 2019 declared the Turag a "legal person" and a "living entity" and also directed the authorities concerned to free the river from all kinds of encroachments.
The court issued a 17-point directive to save the country's rivers and waterbodies from grabbers and pollution.
It also directed the Election Commission to disqualify the people responsible for river grabbing and pollution from running for public office.
The HC also said the grabbers and polluters would not be able to get bank loans.
It asked the government to recover the land of the Turag under the possession of Nishat Jute Mills Ltd of Hameem Group and Hossain Dyeing and Printing Mills Ltd of Anwar Group.
Challenging the HC verdict filed appeals with the SC.
The top court rejected the appeals on February 4 this year.




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