Act tough even before ruling

Amid the mindless violence that has already killed at least 71 people and disrupted education and businesses, the High Court has asked the government to take all necessary steps to prevent deadly blockade and hartal. 

"Pending hearing of the Rule, let the State functionary … be directed to take all necessary measures to prevent the unconstitutional deadly oborodh [blockade] and equally deadly and fierce, compulsive, coercive, homicidal and threatful hartal," the HC said in an interim order on two petitions pending before it.

In response to the petitions, the HC had on Sunday issued a rule upon the government and the leaders of the BNP-led 20-party alliance, including BNP chief Khaleda Zia, to explain in four weeks as to why political activities, blockades and hartals which are detrimental to education and people's lives and properties should not be declared illegal and unconstitutional.

The court on that day had also ordered the government to immediately take measures to prevent violence, terrorism and other subversive acts in the name of hartal and blockade.

In its written order, released on Monday, the HC asked the home, foreign and education secretaries, the inspector general of police, the director generals of BGB and the Rab and the commissioner of Dhaka Metropolitan Police to take action to prevent such deadly political programmes. 

It also asked the authorities to take all required measures to hold the SCC exams and keep all the educational institutions open and ensure security of the students.

"Take all necessary actions against anyone whoever in the name of any political activity either oborodh or hartal tries to disrupt the SCC examination and/or keeping the educational institutions open," said the HC in its written order.

Meanwhile, the BNP-led alliance yesterday extended its ongoing 72-hour hartal by another 48-hour, compelling the education ministry to reschedule today's test for Friday.

The latest spell of hartal will now end at 6:00am on Friday.

The opposition combine has been enforcing the ongoing nonstop blockade since January 6, demanding, among other things, a fresh election under a nonparty administration. In addition, it has frequently been calling countrywide shutdown, forcing the education ministry to postpone SSC and equivalent examinations.

Against this backdrop, two writ petitions, both filed on February 12, challenged the legality of the deadly blockade and hartal.

Speaking to The Daily Star, Attorney General Mahbubey Alam yesterday welcomed the HC order.

"Such an order from the High Court was necessary at this critical juncture," he said.

Law enforcers will now feel mentally strong in tackling homicidal activities and coercive political programmes, said the top law officer.

"It is now binding on the government functionaries concerned to take necessary steps in line with the court directives," said Advocate Khurshid Alam Khan, editor of Dhaka Law Report.

Asked, Supreme Court Bar Association President Khandker Mahbub Hossain, also an adviser to Khaleda Zia, said the government had to prevent violence and subversive acts as per the court order.

He added the HC did not order the law enforcers to prevent peaceful hartal and blockade, because the Appellate Division of the Supreme Court has ruled in 2007 that calling hartal is a legal and democratic right.

"The people across the country, particularly in the rural areas, are spontaneously responding to the hartal and blockade called by BNP Chairperson Khaleda Zia to             establish people's right to vote," he claimed.

The HC said it was a fundamental right guaranteed by the constitution that every citizen has right to freedom of speech and conscience and to invite others to join his/her political activities.

But it does not authorise anyone to force others in any coercive manner to join his/her activities or threaten others to implement his/her desires as it is prevailing all over the country since January 5, including blocking of free movement of citizens, the court added.

"The education of the children, the business sector, transport sector, agriculture and all sectors of the country has almost come to a standstill and above all no person feels safe to come out of home even, sometimes not even at home."

In Sunday's ruling, the HC bench of Justice Quazi Reza-Ul Hoque and Justice Abu Taher Md Saifur Rahman had also asked the respondents to explain why they should not be directed to compensate the people who have become victims and suffered losses in the ongoing hartal and blockade.

In Monday's written order, the court asked the respondents, including the governor of Bangladesh Bank and the chairman of the National Board of Revenue, to show causes as to why they should not be directed to collect the compensation amount from the BNP-led alliance's leaders.