Following a hearing on a public interest litigation case filed over the underage SUV accident case, a court instructed the respondents to take legal action against the offenders – the driver and the owner of the car.
Failing to do so would result in an order to initiate legal action against the police officers concerned, the court said.
Six supreme court lawyers filed a public interest litigation (PIL) case last Monday after Gulshan police failed to act against an underage driver who rammed his SUV into two rickshaws, injuring four people, one critically.
Barrister Aneek R Haque, one of the six lawyers who filed the PIL case, spoke to the Dhaka Tribune yesterday about the status of the case.
DT: Why did you file the case?
Aneek: We learned about the accident on October 12 and noted that the police had not taken action against the offender. We saw a massive response to the incident on Facebook and the page named “Moja Loss?” requested us to do something about it.
I posted a status on my wall seeking support from volunteer lawyers and, surprisingly, found massive interest in the cause. Although just six of us filed the case, at least 50 lawyers of the supreme court, most of them younger lawyers, offered their support and willingness to help.
What exactly is public interest litigation?
PIL can be filed by any public-spirited person for the protection of the “public interest” – for the benefit of the public, including concerns like pollution, terrorism, road safety and construction hazards. Because no legal action had been taken after an episode of reckless driving, we filed a PIL case.
The court accepted our case and issued a notice to show cause why the police did not take action after the accident.
The court further sought explanation as to why departmental action should not be taken against the Gulshan police station officer-in-charge for his inaction in the incident and asked the respondents to take legal action against the offenders – the driver and the owner of the car.
Now the police have to take action on the issue.
After the accident, the police claimed that they had not filed a case because the victims did not want to file a case. Does this claim affect the case?
It does not matter whether or not the victim or victims want to file a case. A crime took place and the respondents are accountable to society regarding it.
The police were supposed to file a Fist Information Report after they learned of the incident but they did not.
Moreover, it is not true that the victims did not want to file a case. We have spoken with two of the four victims, and both of them informed us that the police had intimidated them into not filing a case. The victims did not give any kind of undertaking regarding not filing a case.
Their families said a case had not been filed out of fear because they had received threats directly from the police.
What is the next step?
We are now waiting for the hearing which may take place in first week of November. We will decide what to do after getting an answer from the police. Since the court has asked for an explanation, the police must first respond to it.
Will you follow this through to the resolution of the case? What do you hope to gain by this action?
Since we have initiated the action, we must continue with it up to its conclusion. Our demand is to take the case to trial under the existing laws.
Can you cite examples of other public interest litigation?
There have been many examples of success after filing PIL cases, for example the Tazreen Fashions tragedy. But this may be the first time a PIL case has been filed over a road accident. We are hopeful of success.
Do you have any messages for the public?
I have two things to say to the people of the country. First, you are never alone. If it is not possible to file a legal action by yourself, know that we lawyers are here and willing to help. The court is always by your side to ensure justice.
Second, to those families who give the car keys to underage children: please be more responsible.
Also, the police must remember that they need to be accountable to society for their actions.