The High Court in a full text of a verdict has observed that a compensable offence committed by the government officials and employees or by the state institutions is a strict liability of the concerned officials and employees or the state institutions.
It also observed that if any compensable offence is to be committed by the government officials and employees or by the state institutions then the victim, i.e. any member of the family of the deceased, or any person on their behalf, is entitled to file a writ case with the High Court as public interest litigation seeking compensation under the Section 102 of the Constitution.
The HC bench of Justice Md Ashraful Kamal and Justice Razik-Al-Jalil passed the observations in a verdict delivered after hearing a writ petition filed for claiming compensation for the family members of the 18 victims who died in a boat capsize at Sandwip channel of Chattogram in 2017.
The short verdict was delivered on June 30 in 2021, while the full text of the verdict has released recently on the website of the Supreme Court.
In the verdict, the High Court directed the government bodies concerned to give Tk 1.5 million as compensation to each of the families of 18 victims who died in the boat capsize at Sandwip channel.
Bangladesh Inland Water Transportation Corporation (BIWTC) and Chattogram District Council (CDC) have been ordered to pay the compensation to the victims' families in 30 days after receiving the HC verdict.
The court also said in the verdict that the BIWTC and CDC will have to pay interest as per usual bank rate or 8.0 per cent in addition to the compensation from the date of filing the suit till the money is credited to the accounts of the victim families.
The HC observed that BIWTC and CDC were negligent in discharging duties to ensure safe journey of victims at Sandwip channel and they are responsible for the boat capsize that caused the death of 18 people. The negligence of BIWTC and CDC is illegal and unconstitutional, the court also observed.
Zahirul Islam, a Supreme Court lawyer and resident of Sandwip, filed the petition in April 2018 as a public interest litigation seeking necessary directives from the High Court on the authorities to give compensation to the victims' families.
Barrister Abdul Halim appeared at the court on behalf of the writ petitioner, while lawyers Saifur Rashid and MG Mahmud appeared for BIWTC and CDC respectively and Deputy Attorney General Wayesh Al Haruni represented the state.
Petitioner’s lawyer Abdul Halim earlier said BIWTC and CDC are responsible and duty bound to ensure safe journey of the vessel passengers and their safe arrival to the shores of channels as per the Bangladesh Water Development Corporation (BIWTC) Order of 1972 and the Inland Shipping Ordinance, 1976.
A boat capsized in Sandwip channel of Chattogram on April 02, 2017 causing the death of 18 passengers. The incident occurred due to rough weather and tidal waves, the local administration reportedly had claimed.