BANGLADESH SANGBAD PATRA PARISHAD VS GOVERNMENT OF BANGLADESH [43 DLR AD 1991]

 

 Analysis of the Fact:

Bangladesh Sangbadpatra Parishad ( BSP) registered under Societies Registration Act challenged sections 9,10(3) and 11 of the Newspaper Employees ( conditions of services 0 Act, 1974 shortly rhe Act and the construction of  the Fourth Wage Board and the interim award given by the Fourth Wage Board so far as payment of dearness allowances, gratuity and income tax is concerned as unconstitutional.

Argument of the petitioner:

It was argued that the petitioner had interest to challenge the act because it involved violation of fundamental right of freedom of press under Article 39 and the impugned award was illegal because such right of freedom of press had wider import and universal application as Public Interest Litigation. It was also argued that as an association of the newspaper owners it had sufficient interest in the subject matter of the writ petition.

Argument of the Respondent: 

not reported in the DLR.

Issue:

Whether the writ petitioner has the right to move with the writ petition in a representative capacity?

Decision:

The appeal was dismissed.

Reasoning behind the decision:

The petitioner does not have locus standi under the Article 102 of our Constitution because the petitioner was not acting on behalf of a downtrodden and deprived section of the community unable to spend money to establish its fundamental rights and to enforce its Constitutional remedies. It was not acting probono publicio but only interest of its own members. It was not aggrieved person within the meaning of Article 102. So the petitioner cannot challenge the various provisions of the impugned Act and also the Wage Board Award.

 

Principle:

Before entering into any Writ petition regarding any Public Interest Litigation the petitioner must be an aggrieved person within the meaning of Article 102 and have a locus standi in that petition otherwise it will not be a proper one.

Importance of the Case:

In this case the wider and implied meaning of Aggrieved Person and the conditions for locus standi case came out. The concept of aggrieved person was narrated in comparison with the countries India and England. In India Pro bono publicio Litigation means that a litigation at the instance of a public spirited citizen espousing cause of others and he even does have any specific interest. Neither in Article 32 and 226 has not said who can apply for Public Interest Litigation. On the other hand in England under Supreme Court Act,1981 a new rule was introduced that any person can apply for judicial review if he has a sufficient interest. Similarly in our Constitution It is said very clearly that Public Interest Litigation can be only filed by a sufficient interest person.