The High Court yesterday restored the highest punishment of seven years’ imprisonment for reckless driving, scrapping the existing three-year term.
The High Court bench of Justice Salma Masud Chowdhury and Justice Md Khasruzzaman also observed that the punishment should be increased further to ensure people’s right to life.
The order came following a writ petition moved by Supreme Court lawyer Manzill Murshid.
On October 10, 1985, the government of HM Ershad brought amendments to the Code of Criminal Procedure (CrPC) and the Penal Code, reducing the jail term to three years for reckless driving that had already killed and maimed countless people.
After the passage of the order yesterday, Manzill Murshid said: “The High Court bench scrapped the amendment. The previous provision of seven years in jail for road accident will remain in force from now on.
“In its observation, the High Court mentioned that the highest punishment should be more than seven years’ imprisonment.”
During the hearing, Manzill argued that incidents of road accidents and death due to reckless driving have been on the rise because of the reduction in punishment.
“The situation is so worse that people’s lives are at high risk in the street. That is why the amendment is a violation of article 32 of the constitution.
“The punishment [for reckless driving leading to road accidents] is more than 10 years in Australia, Pakistan, Canada and many other countries. That is why the road accident is under control in those countries. But because of the lower punishment reckless driving and road accidents are rising in our country,” he said.
On January 3, 2011, the Human Rights and Peace for Bangladesh filed the writ petition as a public interest litigation, seeking High Court directives for the government to cancel the amendments.
The next day, the bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Sheikh Md Zakir Hossain issued a ruling upon the government to explain why the reduction in punishment for reckless driving should not be declared illegal and unconstitutional.
Secretaries to the Cabinet Division, secretariat of the president, the Prime Minister’s Office, the Ministry of Law, Ministry of Home Affairs, and the Parliament Secretariat were made respondents to the ruling.
Deputy Attorney General Khurshidul Alam, who moved for the government, yesterday said: “After receiving the copy of the High Court order we will decide whether to move further.”
According to the government statistics, on an average eight people die every day because of road accidents.
The World Bank statistics say around 30 people die every day in road accidents while the number is 48 according to the World Health Organisation.
Bangladesh has witnessed some gruesome road accidents in recent years. Most of these occurred because of reckless driving.
On July 11, 2011, 41 schoolchildren and two college students were killed in a tragic accident at Mirsarai, Chittagong. On August 13 that year, acclaimed filmmaker Tareq Masud and cinematographer and ATN News chief executive officer Mishuk Munier were killed along with three others in a car crash on the Dhaka-Aricha Highway at Ghior upazila of Manikganj on their way to Dhaka after visiting a filming location.
On February 15 this year, seven schoolchildren drowned when a bus carrying them home from a picnic veered off the road and plunged into a pond in Chougachha upazila of Jessore.
A total of 49,847 road accidents occurred in the country in the last 15 years, killing 42,526 people and injuring around 39,000, says a report of the Accident Research Institute at Bangladesh University of Engineering and Technology.
The report was prepared on the basis of police records. The actual number is presumed to be much higher as many accidents remain unreported.
