HC issues rule on restriction of movement on St Martin’s Island
The High Court has issued a ruling on the government’s decision to restrict the movement of tourists on St Martin’s Island and their staying at night there.
A High Court bench of justice Farah Mahbub and justice Debasish Roy issued the rule after an initial hearing on a writ petition on Sunday.
The Environment Wing-2 of the Ministry of Environment, Forest and Climate Change issued a memo on 28 October on the implementation of a five-point decision to regulate the uncontrolled tourism, and control the environment pollution through single use plastic in the critically endangered area St Martin’s Island.
According to the memo, the Bangladesh Inland Water Transport Authority (BIWTA), with the approval of the environment ministry, will issue permission on the movement of vessels in the island; no tourist would stay in the island at night throughout December and January; not more than 2,000 tourists a day will be allowed to travel to the island; organising barbecue dinners, making noise, and lightings are banned on the island at night.
Later, on 21 November, Cox’s Bazar Citizens Forum president ANM Helal Uddin filed a writ petition challenging the decision.
Lawyer Md Amir Hossain and Md Uzzal Hossain stood for the petitioner at the court while deputy attorney general Tanim Khan represented the state.
After the hearing, lawyer Uzzal Hossain told Prothom Alo that the memo, issued on 28 October by the ministry, contradicts Article 36 of the constitution.
He said the article ensures freedom of movement. In case, a ban on movement of people is deemed necessary, it has to be imposed through rules and regulations in light of the laws. But the memo of the environment ministry is not a law. The petition was filed on these grounds, and the court issued a rule on the matter.
The rule asked as to why the decisions taken on 28 October would not be declared out of the legal purview, he added.
Uzzal Hossain said environment secretary, director general of the Department of Environment, and deputy commissioner and police upper of Cox’s Bazar were asked to respond to the rule within four weeks.