Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh (Ship Breaking Case)
Court | High Court Division |
Case Name | Bangladesh Environmental Lawyers Association (BELA) Vs. Bangladesh (Ship Breaking Case) |
Citation | |
Petition No | Writ Petition No. 7260 of 2008 |
Date of Decision | 05 - 03 - 2009 |
Name of the Parties | Bangladesh Environmental Lawyers Association (BELA), represented by its Director (Programs) Syeda Rizwana Hasan. |
Matter | Why the issuance of the NOC issued by the office of Department of Shipping for importing MT Enterprise (IMO No. 7709136) for breaking purpose and the subsequent attempted entry of the said vessel into territorial waters of Bangladesh should not be declared to have been issued without lawful authority and is of no legal effect. |
Factual Background | The writ petition was filed to restrain entry of any of the remaining hazardous vessels listed by the Greenpeace into the territorial water of Bangladesh. Soon after filing the application an explosion occurred while breaking ‘MV KAPITAN LYASHENKO’ in a yard called M/S Arefin Enterprise, where four workers were killed and 2 were injured. |
Legal Views | |
Important discussion | N/A |
Direction | The High Court Division directed an injunction concerning M.T. Enterprise, to continue until proprietor, Madina Enterprise obtained a clearance certificate from the Department of Environment for the purpose of dismantling the remainder of the vessel. |
Decision | The writ was accepted by the Hon'able Court |
Full Judgment |