Bangladesh Railways and the Fire Service and Civil Defence jointly paid Tk 20 lakh as compensations to the parents of three and half years old Jihad Fakhir who died falling into an un covered borehole of BR at Shahjahanpur in the capital in 2004.
On Sunday, the victim’s father Nasir Uddin Fakhir told New Age that on August 6 he and his wife Khadiza Begum received two cheques, each for Tk 10 lakh, from the BR and the Fire Service, a day after the Appellate Division dismissed their appeals against a High Court Division order to pay the compensations.
The HCD verdict of February 18, 2016 had ordered the BR and the Fire Service to pay the compensations to the victim’s parents within 90 days.
This was the first instance of writ petitioners getting compensations for death caused due to negligence of governmental authorities.
Nasir Uddin Fakhir said that he would provide a part of the compensation money to a mosque and spend from it for holding annual milads for the eternal peace of Jihad, ‘Our younger son.’
Nasir works as a security guard at the Motijheel Model School and College and Khadiza is housewife.
While playing with friends Jihad slipped into the open borehole of an abandoned pump at Shahjahanpur Railway Colony on December 26, 2014.
His body was recovered by local volunteers 23 hours later on December 27 after the rescue operations were abandoned by the Fire Service with the declaration that it found none trapped inside the abandoned borehole.
On February 18, 2016, after hearing a public interest writ petition, a bench of Justice Farah Mahbub and Justice Kazi Md Ejarul Haque Akando directed the directors general of BR and the Fire Service to pay Tk 10 lakh each as compensations to the victim’s parents within 90 days.
The writ petition was filed by Supreme Court lawyer and Children’s Charity Bangladesh Foundation chairman Md Abdul Halim.
The verdict said that the borehole was left uncovered by the BR out of sheer negligence for which the kid slipped into it while playing with his friends.
The verdict said that the Fire Service not only failed to rescue Jihad but also abandoned the salvage operations and left the spot when local volunteers recovered his body.
On July 3, a High Court Division bench summoned BR director general Md Amjad Hosain to personally explain on August 14 why he had violated the 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 after contempt motion was moved by Children’s Charity Bangladesh Foundation chairman Md Abdul Halim against the two directors general.
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