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Case Summary on BLAST vs. Government of Bangladesh 60 DLR 176 (Telephone

Bill Case relating to 'Right to Equality' Enshrined in the Constitution of
Bangladesh)

Research · August 2020

DOI: 10.13140/RG.2.2.24440.78089

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 Case Summary on
BLAST vs. Government of Bangladesh 60 DLR 176

Course Title: Constitutional Law of Bangladesh

Course Code: LJ 2101

Law Discipline

Law School, Khulna University

Khulna-9208

Bangladesh

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BLAST vs. Government of Bangladesh 60 DLR 176

Bench: A.B.M. Khairul Haque J; A.T.M. Fazle Kabir J

Advocates Appeared: Dr. Shahdeen Malik with Ms. Sara Hossain, Mr. Tanjib-ul Alam, Mr. A.
Mannan Khan, and Mr. Syed Ziaul Hasan, Advocates - For the Petitioner.

Mr. Raisuddin Ahmed, Advocate - For the Respondent Nos. 3, 4 & 5.

Date of Judgment: April 27, 2006

Facts: A writ petition was filed on behalf of BLAST concerning non-collection of arrear
telephone bills from the Members of 5th & 7th Parliament by Bangladesh Telegram and
Telephone Board. Rule Nisi was issued upon the respondents to show cause as to why they
should not be directed to recover the arrears of telephone bills.

Issues:
i. Whether discriminatory practice was exercised contravening the spirit of Article 27 of the
Constitution.

Arguments of the Petitioner: Referring to various news reports, Dr. Shadheen Malik submitted
that a colossal amount worth more than Tk. 6 crores was outstanding from the members despite
realizing their telephone allocation bills. Hence, the failure of BTTB to collect those dues led to
the diminishing of the fundamental right to equality guaranteed by Article 27. He also argued
that if there was any violation against the provisions of Members of the Parliament (Salaries &
Allowances) Order, 1993; they were accountable to BTTB like any other subscriber.

Arguments of the Respondent: The learned Advocate submitted that BTTB tried its best in
vain to realize the outstanding amounts. He admitted that although a few suits have been filed
against the erstwhile MP’s, it could not take any severe action against the existing ones. As to the
ambit of law, it was added that the laws could not be implemented over them since they are the

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 representatives of the people of Bangladesh; even though rigorously enforced to the ordinary
citizens.

Decision: The Rule was made absolute, directing the concerned authorities to realize the bills
outstanding from the defaulters within six months and take actions against them as per the
relevant provisions of law if the members fail to repay their dues.

Reasoning: The Court held that telephone bills owed to BTTB are a debt to the country and the
concerned authorities are also equally guilty of delinquency of their public duties. It opined that
members of Parliament are lawmakers for the country and are similarly bound by the law. If
privileges allowed to them are misused for collateral purposes, they would be guilty of breach of
trust assigned to them under Article 21(1) of the Constitution.

Comments: The purpose of the law becomes ludicrous if it is applied discriminatorily and
improperly. This country is governed by laws, and all citizens, even those in positions of power,
are required to uphold the Constitution and the laws enacted thereunder it in their entirety.

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