The Appellate Division on Sunday dismissed appeal of the Fire Service and Civil Defence against a High Court Division directive to pay Tk 10 lakh as compensation to the parents of four-year old Jihad who died after falling in an uncovered borehole of Bangladesh Railway at Shahjahanpur in the capital in 2004.
The Fire Service has now no option but to pay Tk 10 lakh as compensation to Jahid’s parents immediately.
The Fire Service was found guilty of saving Jihad’s life and also recover his body from the borehole.
Fire Service’s appeal was dismissed by a four-judge bench chaired by Chief Justice Syed Mahmud Hossain.
As attorney general Mahbubey Alam rose to submit that there was no negligence of the part of the Fire Service, the bench rebuked the attorney general for trying to make ‘worthless’ submissions and pointed out that five local youths recovered Jihad’s body from the bore well after the Fire Service had abandoned its rescue operations.
On February 18, 2016, after hearing a public interest writ petition, the High Court Division directed the directors general of Bangladesh Railway and the Fire Service to pay Tk 10 lakh each as compensation to Jahid’s parents within 90 days.
The writ petition was filed by Supreme Court lawyer and Children’s Charity Bangladesh Foundation chairman Md Abdul Halim.
BR director general Md Amjad Hosain is due personally explain to the High Court Division on August 14 why he had violated its order to pay the BR’s part of the compensation to Jihad’s parents.
The BR DG was summoned to explain to the HCD why he had failed to reply to a ruling in which he was directed on March 1 to explain in two weeks why contempt proceedings would not be drawn against him for his failure to comply with its order.
A bench of Justice Md Ashfaqul Islam and Justice Mohammad Ali summoned the BR DG to submit his explanation.
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