High Court declares strikes against court verdicts ‘illegal, unconstitutional’

The High Court has declared strikes or hartals called in protest against court judgments or orders “illegal and unconstitutional”.

The court also directed authorities to take legal and criminal action against bus owners’ associations, transport workers’ organisations or others involved in such activities.

A bench of Justice Shashanka Shekhar Sarkar and Justice Faisal Hasan Arif delivered the judgment on Sunday, making a rule issued in 2017 absolute.

The case stemmed from the 2011 death of filmmaker Tareque Masud, cinematographer Mishuk Munier and three others in a road crash in Manikganj’s Ghior upazila.

The driver of a Deluxe Paribahan bus involved in the crash was convicted and sentenced by the Manikganj Additional District and Sessions Judge’s Court on February 22, 2017.

Transport owners and workers subsequently called strikes and hartals in protest against the verdict.

Human Rights and Peace for Bangladesh (HRPB) later filed a writ petition with the High Court, challenging the practice of calling strikes against court judgments. The court issued a rule on March 1, 2017, asking why such actions should not be declared illegal.

In its judgment, the High Court said Article 112 of the Constitution makes compliance with court judgments and orders mandatory.

It said parties dissatisfied with a judgment have the right to seek legal remedies, including appeals and reviews before higher courts.

“Calling a hartal or strike against a judicial verdict is completely illegal and unconstitutional,” the court observed.

The court directed the Home Secretary, Bangladesh Road Transport Authority (BRTA) and Bangladesh Road Transport Corporation (BRTC) to take immediate action under existing laws against anyone calling such a strike or hartal.

Senior lawyer and human rights activist Manzil Morshed represented HRPB in the case.