Bangladesh Environment Lawyers Association (BELA) vs. Bangladesh
Case Name | Bangladesh Environment Lawyers Association (BELA) vs. Bangladesh, represented by the Secretary, Ministry of Shipping |
| Case Number | Writ Petition No. 7260 of 2008 |
| Practice Area | Environmental Law |
| Case Type | Writ Petition |
| Type of Document | Judgment |
| Court Name | Supreme Court of Bangladesh (High Court Division) |
| Keywords | Ship-breaking, No Objection Certificate (NOC), environmental clearance, hazardous waste materials, cancellation of NOC, toxic substances, risk to health, Clearance Certificate, lead, asbestos, PVC, directions issued by the Court. |
| Judgment Date | 05.03.2009 and 17.02.2009 |
| Cases Referred | Dr. Mohiuddin Farooque vs. Bangladesh [55 DLR 69]; Research Foundation of Science vs. Technology National Resource Policy, Supreme Court of India. |
| Law Referred | The Constitution of the People’s Republic of Bangladesh, Societies Registration Act, 1860, Basel Convention, 1989, Bangladesh Environment Protection Act, 1995, Bangladesh Labour Act, 2006, Environment Protection Rules, 1997, Import Policy Order 2006-2009, Hazardous Waste Management and Handling Rules, 1989 (India). |
| Companies/ Organizations Referred | M/S Madina Enterprise, Yalumba Inc., Greenpeace, Department of Shipping, Caseth Marine Consulting (S) PTE Ltd., Bangladesh Ship Breakers Association (BSBA), Waste Concern, Yalumba Inc. |
| People Referred | Professor Dr. Altab Uddin, Mr. Iftekhar Enayetullah, M Shahadat Hossain, Sayedur R. Chowdhury, S.M Abdul Jabbar |
| Publications Referred | Det Norske Veritas (DNV) report; Law Environment and Development Journal (LEAD); “Occupational Health Hazards of Ship Scrapping Workers at Chittagong Coastal Zone, Bangladesh”, Chiang Mai University Journal; 2001 Factsheet by U.S. Department of Labor, Occupational Safety and Health Administration. |
| Lawyers’ Names | For the Petitioner: Mr. Fida M. Kamal with Mr. M Iqbal Kabir For Respondent No. 6: Mr. Nazrul Islam Talukder with Mr. Nowazish Ara Begum. For Respondent No. 17: Mr. Md Oziullah with Ms. Amatul Karim For Respondent No. 8: Ms. Fawzia Karim Firoze |
| Judges’ Names | Mr. Justice Md. Imman Ali and Mr. Justice Sheikh Abdul Awal |
| Author Judge | Md. Imman Ali, J |