HC declares ‘Joint Drive Indemnity Act’ unconstitutional

The High Court on Sunday declared unconstitutional the ‘Joint Drive Indemnity Act 2003’, passed by the then BNP-Jamaat-led alliance government.

The bench of justice Moinul Islam Chowdhury and justice Ashraful Islam Kamal pronounced the verdict on Sunday.

According to the verdict, people who were victimised during the Operation Clean Heart and their family members would be able to file case in both the criminal and civil courts, demanding compensation for the damage caused to them.

The then BNP-Jamaat led four-party alliance government carried out the operation countrywide between 2002 and 2003. The joint drive was conducted by police and army personnel. Many people were reportedly killed extra-judicially in the joint forces’ custody. Violation of human rights and losses of properties were allegedly occurred during the operation.

In 2003, the BNP-Jamaat alliance passed the indemnity act.

Challenging the indemnity act, the Supreme Court lawyer ZI Khan Panna, filed a writ appeal in the High Court in 2012. Later, the High Court passed a rule over the writ on 29 July that year.

Five government officials, including the then secretary of law, secretary of the home ministry and secretary of defence, were asked to reply to the HC rule.

The court then fixed this 13 September for the settlement of the case.