The High Court has declared the law which legitimised the ‘Operation Clean Heart’ in 2003 during the BNP-Jamaat-e-Islami government, illegal and unconstitutional.
Scrapping the Joint Drive Indemnity Act 2003, the HC also said any aggrieved person or victim of the operation can seek compensation from the government.
They can file writ petition with the HC or file any civil or criminal case with any other court.
It also found that the law which provides indemnity to security force personnel violates the Constitution.
The HC bench of Justice Moyeenul Islam Chowdhury and Justice Ashraful Kamal passed the order on Sunday following a writ petition filed by Supreme Court lawyer ZI Khan Panna, challenging the act on June 14, 2012.
The BNP-Jamaat alliance government passed the act to give indemnity to military and men from the law enforcing agencies who carried out the countrywide operation from October 16, 2002 to January 9, 2003.
The government had claimed that the operation was conducted to 'restore' law and order situation in the country and it passed the law on February 24, 2003.
The law says no victim can seek justice, no cases or petitions can be filed against anyone involved with the operation.
On Jul 29, the High Court issued a rule asking the government as to why the indemnity would not be declared illegal and conflicting with the constitution.
The secretaries to the law, home, defense ministries, Army Headquarter's Commander-in-Chief and Inspector General of Police (IGP) were asked to answer to the ruling.
A High Court bench of justices Mirza Hussain Haider and Kazi Mohammad Ejarul Haque Akondo also asked as to why a fund of Tk1 billion will not be created to compensate the victims.
After a hearing on Aug 31, the court set the date to deliver the verdict.
According to media reports, many people died during the operation though the government claimed that they died in 'heart attacks'.
