Fundamental Rights, Judicial Review, and Writs in Bangladesh in 2025
Fundamental rights, as guaranteed by the Constitution of Bangladesh, serve as the cornerstone of justice, equality, and liberty. These rights ensure that citizens are protected from arbitrary actions of the state and that justice prevails in all aspects of governance. Judicial review and writ petitions are the mechanisms through which these rights are enforced, ensuring that any violation or arbitrary action by public authorities is scrutinized and rectified by the judiciary.
At TRW Law Firm, we have unparalleled expertise in dealing with cases involving judicial review and writ petitions. Our legal professionals have successfully represented clients in diverse sectors, providing effective remedies through the High Court and the Appellate Division.
Fundamental Rights in Bangladesh
The Constitution of Bangladesh guarantees fundamental rights to its citizens under Part III (Articles 26 to 47A). These rights are enforceable through the judiciary, ensuring that the principles of justice, equality, and fairness are upheld.
Key Fundamental Rights
- Equality Before the Law (Article 27): All citizens are equal before the law and entitled to equal protection of the law.
- Prohibition of Discrimination (Article 28): Discrimination on the grounds of religion, race, caste, sex, or place of birth is prohibited.
- Right to Life and Liberty (Article 31): No person shall be deprived of life or personal liberty except in accordance with the law.
- Freedom of Speech and Expression (Article 39): Citizens have the right to freedom of speech, subject to reasonable restrictions.
- Right to Property (Article 42): Citizens have the right to acquire, hold, transfer, or dispose of property.
- Right to Protection of Law (Article 44): Citizens can enforce their fundamental rights through the writ jurisdiction of the High Court.
Judicial Review and Writs
Judicial review is the process by which the judiciary examines the legality of actions taken by public authorities. Writ petitions, a significant part of judicial review, empower citizens to challenge any arbitrary, unlawful, or unconstitutional action or inaction by public officials or institutions.
Types of Writs
The Constitution of Bangladesh provides for five main types of writs under Article 102(2):
- Habeas Corpus: Protects individuals against unlawful detention.
- Mandamus: Compels public authorities to perform a duty they are legally obligated to fulfill.
- Prohibition: Prevents inferior courts or tribunals from exceeding their jurisdiction.
- Certiorari: Quashes unlawful decisions made by public authorities.
- Quo Warranto: Challenges the legality of a person holding a public office.
TRW Law Firm’s Expertise in Judicial Review and Writs
Our team comprises highly skilled advocates with extensive experience in handling writ petitions across various sectors. Below are some of the key sectors and our notable achievements:
Real Estate
- Successfully challenged RAJUK’s eviction order against a reputed company in Banani and Gulshan.
- Acted for owners of a multistoried commercial building, overturning a notice issued by RAJUK without considering prior representations.
Employment
- Protected the promotional rights of two dozen employees of a statutory corporation by obtaining a stay on an impugned recruitment circular.
- Advocated for 400+ surplus employees of DESA during their transition to DPDC, securing their right to selection.
Case Reference: Reported in 2CLR (HCD) 523.
Power & Energy
- Challenged Titas Gas‘ decision to provide gas connections to factories from an exclusive line constructed by a Japanese garment exporter.
- Represented power sector companies in writ petitions involving electricity connections and other regulatory disputes.
Taxation
Successfully argued against arbitrary VAT demands in cases involving discrepancies in price declarations and wastage of raw materials.
- Case Reference: Anwar Cement Limited vs. Bangladesh Bank, reported in 65 DLR (2013) 97.
Resolved customs exemption disputes for BPDB and other clients.
- Case Reference: Amjad Hossain vs. Bangladesh Bank, reported in 17 BLC (HC) 188.
Banking
- Assisted UBICO in challenging CIB classification of borrowers.
- Successfully argued in forex matters, securing exceptions for Bangladesh Bank on natural justice grounds.
- Resolved auction disputes involving financial institutions.
- Case Reference: S.M. Akbar & Another vs. Bangladesh Bank, reported in 70 DLR (2018) 52.5 CLR (HCD) (2017) 307.
Contempt of Court
Handled multiple contempt petitions over a decade, ensuring compliance with High Court orders in various sectors.
Privacy and Confidentiality
The recent amendments to the Income Tax Ordinance, 1984 have raised concerns about potential breaches of confidentiality. Our firm is actively addressing issues related to data privacy and the misuse of authority by tax officials.
Practice Guide: Filing Writ Petitions
Filing a successful writ petition requires meticulous preparation and a deep understanding of both procedural and substantive law. Below is a step-by-step guide to filing writs:
Step 1: Identifying Grounds for the Writ
- Violation of fundamental rights.
- Arbitrary or unlawful action by public authorities.
- Lack of jurisdiction or procedural irregularities.
Step 2: Gathering Evidence
- Collect relevant documents, such as notices, orders, or correspondence.
- Ensure the authenticity and accuracy of all submitted materials.
Step 3: Drafting the Petition
- Clearly outline the facts, legal grounds, and relief sought.
- Cite relevant constitutional provisions, statutes, and case laws.
Step 4: Filing the Petition
- Submit the petition to the High Court Division along with the necessary affidavits and fees.
Step 5: Arguing the Case
- Present compelling arguments before the court, emphasizing the violation of rights or procedural lapses.
Sector-Specific Applications of Judicial Review
Education
- Addressing issues like the cancellation of licenses or the arbitrary denial of affiliation.
- Advocating for natural justice and procedural fairness.
Local Government
- Challenging arbitrary actions, such as cancellation of trade licenses or denial of public services.
Land
- Disputes related to demarcation, acquisition, and mutation.
Power & Energy
- Resolving issues involving gas and electricity connections, and compliance with regulatory frameworks.
Key Challenges in Judicial Review
- Delay in Adjudication: The backlog of cases often results in delays.
- Complex Procedural Requirements: Non-compliance with procedural rules can result in dismissal.
- Lack of Awareness: Many citizens are unaware of their rights and the remedies available through writs.
Judicial Review and Writs
| Category | Details | Key Case References |
|---|---|---|
| Fundamental Rights | Ensuring equality, life, liberty, property, and speech rights through judicial intervention. | Article 27, 31, 39, 42 of the Constitution |
| Writ Types | Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto. | Article 102(2) of the Constitution |
| Real Estate | Challenged RAJUK eviction and notices issued without due representation. | SBARRO Banani & Gulshan cases |
| Employment | Protected promotional rights and ensured fair selection processes for statutory employees. | 2CLR (HCD) 523 |
| Power & Energy | Resolved disputes over gas connections and electricity compliance. | Titas Gas cases |
| Taxation | Challenged VAT demands and customs exemptions. | 65 DLR (2013) 97, 17 BLC (HC) 188 |
| Banking | Resolved disputes involving CIB classifications, forex matters, and auction challenges. | 70 DLR (2018) 52.5 CLR (HCD) (2017) 307, 23 BLC (2018) 126 |
| Contempt of Court | Ensured compliance with court orders in various disputes. | Multiple High Court cases |
| Education | Addressed cancellation of licenses and procedural fairness. | Not applicable |
| Local Government | Challenged arbitrary actions like trade license cancellations. | Not applicable |
| Privacy & Confidentiality | Addressed legal concerns over tax authority’s access to confidential data. | Section 117A of Income Tax Ordinance 1984 |
| Practice Challenges | Delays in adjudication, procedural complexity, and lack of awareness among citizens. | Not applicable |
| TRW Expertise | Advocates with experience in appellate, high court, and district court cases, serving diverse client needs. | Established track record |
| Key Contacts | +8801708000660, +8801847220062, +8801708080817 | info@trfirm.com, info@trwbd.com, info@tahmidur.com |
Judicial review and writ petitions play a crucial role in ensuring accountability, fairness, and the protection of fundamental rights in Bangladesh. At TRW Law Firm, our advocates bring unmatched expertise in navigating the complexities of these cases, delivering justice for our clients across various sectors.
If you require assistance with filing a writ petition or need legal representation in matters involving judicial review, please contact TRW Law Firm.
Contact TRW Law Firm
Contact Numbers:
+8801708000660
+8801847220062
+8801708080817
Emails:
info@trfirm.com
info@trwbd.com
info@tahmidur.com
Locations:
Dhaka: House 410, Road 29, Mohakhali DOHS
Dubai: Rolex Building, L-12 Sheikh Zayed Road
Empowering Justice Through Expertise.