HC rejects brick kiln owners’ plea to be made party in public interest writ

Bangla Press Desk:   The High Court on Monday rejected an application filed by the Bangladesh Brick Manufacturers and Owners Association seeking to be made a party to a public interest writ challenging the operation of illegal brick kilns.

The order was passed by a bench of Justice Mohammad Mujibur Rahman Mia and Justice Mohammad Hamidur Rahman after hearing both sides.

The writ petitions, filed in the public interest by Human Rights and Peace for Bangladesh (HRPB), had earlier resulted in a series of High Court directives ordering the eviction of illegal brick kilns.

Following the court orders, eviction drives are currently underway in different areas.

Earlier, several brick kiln owners had challenged the High Court orders before the Appellate Division but their appeals were dismissed in 2021.

As reports recently surfaced that many illegal brick kiln owners were preparing to resume operations during the current season, HRPB filed a supplementary application.

In response, the High Court directed the authorities to implement its previous orders for the eviction of all illegal brick kilns in Chattogram and asked for a compliance report to be submitted by Wednesday (17 Dec).

After the administration began taking action against illegal brick kilns in Chattogram, the brick kiln owners’ association moved the High Court, seeking to be included as a party in the HRPB-filed writ case.

During the hearing, counsel for the brick kiln owners argued that the association represents licensed brick kiln owners and had participated in meetings with government advisers and officials where certain directives were issued.

He also contended that many kiln owners were facing eviction even after their licences expired in 2024-25, and therefore inclusion in the writ case was necessary to place these issues before the court.

Opposing the plea, Senior Advocate Manzill Murshid, appearing for the writ petitioners, said the kiln owners had already exhausted their legal remedies by filing appeals against the High Court orders, which were dismissed.

He argued that the current application was an attempt to obstruct the ongoing eviction drives against illegal brick kilns.

He also pointed out that in a separate case, the kiln owners’ association had sought modification of court orders on similar grounds but a High Court bench led by Justice Farah Mahbub had issued clear directions for the eviction of illegal brick kilns.

The court observed that the writ petitions relate specifically to illegal brick kilns, while the association represents licensed kiln owners and therefore it has no scope to be added as a party to the case.

Manzill represented the writ petitioners, while Advocate Rafiqul Islam Palash appeared for the brick kiln owners.

BP/SP