Judgment.pdf

The Supreme Court of Bangladesh heard three writ petitions (5863 of 2009, 754 of 2010, and 4275 of 2010) together, as they involved common questions of law and facts. The petitions were filed by various organizations and individuals, including Bangladesh Legal Aid and Services Trust, against the Government of Bangladesh and others. The petitions challenged the imposition and execution of extra-judicial penalties, such as physical punishment and fatwas, by village elders and community members, often in the name of resolving disputes or enforcing social norms. The court was asked to declare these punishments unlawful and to direct the respondents to take effective measures to prevent such incidents and protect the fundamental rights of citizens, as guaranteed under the Constitution. The petitions cited several incidents of extra-judicial punishments, including the whipping of women and men, forced marriages, and social ostracism. The court issued rules nisi in each case, calling upon the respondents to show cause why they should not be directed to take necessary steps to prevent such incidents and protect the rights of citizens.