K.M. Asadul Bari Vs. Bangladesh and Others

Relevant Citation: Writ Petition No. 584 of 2002; 22 BLD (2002) 129

In this case, the main issue was whether the use of polythene bag causes pollution within the meaning of Section 2 (b) of the Environment Conservation Act 1995 and the action of the Director-General of the Department of Environment in imposing the ban on the use of polythene bags violates the Section 4 of the Environment Conservation Actor not. The Appellate Division of the Supreme Court of Bangladesh held that the use of polythene bags causes pollution under Section 2(b) of the Environment Conservation Act. The Court further observed that Section 4 (1) of the Environment Conservation Act 1995 empowers the Director-General to take any action deemed necessary for the purpose of control and improvement of the environment. The Court held that Section 4 (4) contained a clause whereby the Director-General can take any actions for closure, control, or ban of the production of anything which might cause pollution. The Director-General needs to serve a show-cause notice to the concerned authority prior to conducting such action however, the Director-General may take any necessary measures immediately with regard to any danger of causing damage to public life.

The Court held that that the activities conducted by the Director-General was in accordance with Section 4(4) and prior to banning the use of polythene bags, there was large-scale publicity made in newspapers, all electronic media and so forth and subsequently, dismissed the contention of the petitioners of the sudden ban on the use of polythene bags violates Section 4 of the Environment Conservation Act.