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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