The commerce ministry is facing a contempt of court charge for executing the government rule against the import of polluting vehicles.
Officials have pointed the finger at the solicitor’s office which allegedly took no effective measures to file an appeal against a High Court order asking the commerce ministry to release 48 vehicles, each more than five years old, that the Chittagong-based AY Corporation imported from Japan in violation of import laws.
The current import policy prohibits procurement of reconditioned vehicles more than five years old, considered as a major source of air pollution, which kills at least 15,000 people every year.
If the vehicles, dumped in Japan, are allowed to ply on the streets, they will spew harmful chemicals such as carbon monoxide, hydrocarbon, nitrogen oxide and particulate matters, which are responsible for air pollution, especially in cities. The substances are known to cause respiratory problems and lung cancer.
Commerce Minister GM Quader told the Dhaka Tribune he would bring this ‘inaction’ of the solicitor’s office to the cabinet if necessary. Ministry officials fear that the contempt of court charge may harm their career.
“Why should they face contempt charges for executing a law?” the minister said.
Solicitor AKM Salimullah told the Dhaka Tribune yesterday that his office had already instructed a panel advocate-on-record to file an appeal against the court order. But the appeal is yet to be filed.
According to law, any government wing aggrieved by any court order or judgment must appeal through the solicitor’s office of the law ministry. The solicitor’s office appoints some panel lawyers to fight in favour of the government.
When asked about the import of outdated polluting vehicles, AY Corporation owner Musa Chowdhury said he was aware of the law prohibiting their import but had done so anyway, since the commerce ministry “often issues permits to importers for vehicles older than five years.”
His application to the commerce ministry however, says otherwise. On April 28 AY Corporation sent an application to the ministry seeking a clearance permit (CP) for the polluting vehicles. The Dhaka Tribune has obtained a copy of this application.
In the application, the importer said it had “inadvertently” shipped vehicles manufactured in 2005 and 2006 instead of 2008, which was stipulated in the conditions in the letter of credit.
Without the CP, Mongla Port will not release the 48 vehicles—21 dump trucks, 14 ambulances, six 12-seater microbuses, five microbuses and two freezer vans.
The commerce ministry on May 14 turned down the proposal, prompting Musa Chowdhury to file a writ petition with the High Court challenging the decision.
On May 28, the High Court asked the commerce secretary and four other officials to issue the permit within three days. Attaching the court order, the AY Corporation once again applied to the ministry on June 9 asking for the CP by June 12.
The commerce ministry on June 11 sent the necessary papers to the solicitor’s office requesting that it file an appeal with the Appellate Division of the Supreme Court against the High Court order. But the appeal was not filed.
On June 13, AY Corporation sent a notice of contempt of court.
The ministry then sent two letters—on June 24 and July 7—to the solicitor’s office requesting them to file the appeal. Md Shahidullah, an assistant secretary of the commerce ministry, met the advocate at least five times, but without any results.
“The advocate does not file the appeal making an excuse of not getting necessary papers from the concerned court,” said a commerce ministry report on the issue.
“Public servants have been facing a contempt of court charge as the solicitor wing and the advocate-on-record have not filed an appeal,” it said.
The advocate on July 22 filed a civil miscellaneous petition to the Chamber Judge instead of the appeal.
On July 29, the High Court filed contempt petition against the commerce secretary and the other officials and finally ordered issuing contempt rule against them.
Law minister Shafique Ahmed on Monday summoned the solicitor and two of his deputies to his office and asked for clarification of the delays in filing the appeal.
The solicitor reportedly could not answer his question but assured him of taking necessary measures for filing the appeal as soon as possible.
