Monitor execution of court directives

A lack of political and administrative will, and also of a proper monitoring system are the main obstacles to implement court's directives in public interest litigations (PILs), said speakers yesterday.

They underscored the need for a dedicated body to monitor implementation of court directives in PIL and at least one or more dedicated bench in the High Court for a quick disposal of such cases.

They were speaking at a session titled “Role of PIL to establish justice, result and implementation” in the capital's Bishwo Shahitto Kendro auditorium. The session is part of a two-day national conference titled “Access to justice for all” organised by 28 non-government organisations, who are working for human rights as well as providing legal aids to people.

In his written speech, Supreme Court lawyer Syeed Ahmed Kabir said in the last 30 years, numerous numbers of PILs were filed that undoubtedly played an important role to uphold the rights of marginalised and deprived people.

Such cases have widened people's access to justice and court's orders in such cases resulted in new laws, rules and circulars, he added.

But, a lack of political and administrative will, monitoring and information, and legal complexity create obstacles to implement court's directives in PILs, he said.

Another SC lawyer Minhajul Haque Chowdhury said according to the existing law, burden of proof of a case falls on petitioner's lawyer, but in PIL, the burden should fall on the defence. He said there should be an authority to monitor implementation of PIL directives as many of those are not implemented.

Justice Nizamul Huq Nasim, a former judge of the Supreme Court, said as a lawyer, he had moved many PILs, which actually worked for powerless people against powerful quarters.

But, nowadays, many people are filing PIL only to see their names in media and for political purposes.

“This is unfortunate and the High Court should look into it,” he said.

SC senior lawyer AM Amin Uddin chaired the session.