Mastering Locus Standi: Dr. Mohiuddin Farooque v. Bangladesh (1997) – Exam-Ready Insights.
Mastering
Locus Standi: Dr. Mohiuddin Farooque v. Bangladesh (1997) – Exam-Ready Insights
Landmark
cases like Dr. Mohiuddin Farooque v. Bangladesh 49 DLR (AD) (1997) 1 are
goldmines for constitutional law exams. This Appellate Division ruling
revolutionized locus standi under Article 102, making it essential for students
tackling writ jurisdiction and public interest litigation (PIL).
Case Core Principles
The
judgment expansively interpreted "any person aggrieved" in Article
102. It granted standing to Dr. Mohiuddin Farooque and BELA (Bangladesh
Environmental Lawyers Association) despite no personal injury, as they
challenged the Flood Action Plan's environmental threats to fundamental rights
nationwide.
This
liberal stance covers constitutional issues of grave public importance
affecting the entire territory. It builds on Kazi Mukhlesur Rahman v.
Bangladesh, prioritizing rule of law and public duties from the
Constitution's Preamble.
Exam-Ready Sentences
Use
these precise, citation-perfect sentences in answers – they score high for
brevity and authority:
- "In
Dr. Mohiuddin Farooque v. Bangladesh (49 DLR (AD) 1997), the
Appellate Division held that locus standi under Article 102 extends to any
person agitating a constitutional issue of grave importance posing a threat
to fundamental rights pervading the entire territory of Bangladesh, even
without personal aggrievement."
- "This
liberal approach promotes public interest litigation, building on Kazi
Mukhlesur Rahman v. Bangladesh by granting standing to representative
bodies protecting public duties and rule of law as per the Constitution's
Preamble."
Perfect Exam Questions
These
align directly with university syllabi – practice structuring answers around
them:
|
Question |
Key Focus Areas |
|
Discuss
the evolution of locus standi in writ jurisdiction under Article 102 with
reference to Dr. Mohiuddin Farooque v. Bangladesh. |
Historical
progression from strict to liberal standing; cite pre-1997 cases. |
|
Explain
who is a 'person aggrieved' under Article 102 and illustrate with case law on
public interest litigation. |
Definition
evolution; BELA's role as example. |
|
How
has the judiciary liberalized standing rules for environmental/public rights
cases in Bangladesh? |
PIL
growth post-Farooque; environmental rights linkage. |
Why This Case Wins Exams
Farooque
shifted Bangladesh's writ petitions from individual grievances to societal
guardianships. For judges-in-training like you, it exemplifies judicial
activism – quote the ratio decidendi
verbatim for top marks in NU or DU exams.
Ideal for law students prepping Constitutional Law-I/II.
Share if it helped your journey!

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