IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

WRIT PETITION NO. 2362 of 2024

IN THE MATTER OF:

An  application  under  Article  102  read with Article 44 of the Constitution of the People’s Republic of Bangladesh.

And

IN THE MATTER OF:

Md. Arifur Rahman Murad Bhuiyan (in- person)

.......... Petitioner

versus

Government of Bangladesh and others ..........Respondents.

Mr. Md. Arifur Rahman Murad Bhuiyan, In-person.

....... for the Petitioner.

Mrs. Nasrin Akter, DAG with

Mr. Ershadul Bari Khandaker, DAG with Ms. Most. Monira Sultana, AAG with Mr. Md. Humayun Kabir, AAG

........ For the Respondents.

Heard on: 29.07.2024 & Judgment on:29.08.2024.

           Present:

Mr. Justice Mustafa Zaman Islam

              and

Mr. Justice S.M. Masud Hossain Dolon

S.M. Masud Hossain Dolon, J:

On an application under article 102 of the Constitution, the Rule Nisi was issued in the following terms:

“Let  a  Rule  Nisi  be  issued  calling  upon  the respondents to show cause as to why the inaction of respondent No. 1 to correct the passport as per the date of actual online registration of birth as per the recommendations of the Bangladesh Embassy (Paris, France)  on  02.08.2023  under  the  signature  of Second Secretary, Embassy of the People's Republic of  Bangladesh,  Paris  as  annexure  'Ga'  to  the  writ petition in violation of the fundamental right of the petitioner should not be declared illegal and is of no legal  effect  and  why  the  direction  should  not  be given  to  rectify  the  passport  as  per  the recommendation  dated  02.08.2023  (Annexure-Ga) and/or pass such other or further order or orders as to this court may seem fit and proper.”

Fact relevant for disposal of the Rule are that the petitioner Md. Hanif Rana is an expatriate of France. He has been in Saudi Arabia for 18 years and has been in France illegally for about 2 years. While in France,  through  a  letter  dated  02.08.2023  signed  by  the  Second Secretary, Bangladesh Embassy (Paris, France) requesting the Director General, Directorate of Passports Department, Dhaka to give special consideration to Mr. Hanif Rana's actual date of birth as claimed by him. Necessary steps are requested to issue revised passport as on 21.11.1983.  After  receiving  the  said  letter,  the  Secretary,  Security Services Department, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka  issued  a  circular  that  if  there  is  a  discrepancy  between  the information  in  the  national  identity  card  and  the  passport  of Bangladeshi citizens living inside Bangladesh and abroad, the passport should be re-issued according to the information given in the national identity card. In case of minors, birth certificate should be considered, if necessary any certificate from school or university and equivalent can be considered. But due to the fact that the petitioner Md. Hanif Rana has been in Saudi Arabia and France for about 22 years, the Secretary, Security  Services  Department,  Ministry  of  Home  Affairs,  Bangladesh Secretariat, Dhaka could not provide any national identity card or any documents as per their demand, so the authorities failed to provide the petitioner’s passport.  Then,  the  petitioner  served  a  notice  and requested the respondents to give the passport but the respondents did not pay any heed to it. 

Thereafter, having found no other equally efficacious remedy the petitioner had filed the instant writ petition and obtained the Rule.

Mr. Md. Arifur Rahman Murad Bhuiyan, in-person on behalf of Hanif  Rana  submits  that  the  petitioner  is  an  expatriate  remittance fighter from Bangladesh. He has been living in abroad for almost 22 years. He also submits that as per the recommendations of Bangladesh Embassy (Paris, France) for the last 6 months, instructions are required to  correct  the  passport  as  per  the  date  of  actual  registration  of birth online and as such the respondents have clear violation of the fundamental rights of the petitioner guaranteed under Article 27, 31, 32 and 36 of the Constitution of the People's Republic of Bangladesh.

Mrs. Nasrin Akter, the learned Deputy Attorney General submits that  as  per  the  recommendations  of  Bangladesh  Embassy  (Paris, France) Annexure-Ga they have no objection if the issue passports as per the online birth registration.

We have perused the writ petition and all other relevant papers presented by the parties in connection with the contents of this writ petition.  It  appears  that  the  petitioner  is  a  legitimate  Bangladeshi citizen.  He  has  been  living  in  abroad  for  almost  22  years  as  an expatriate remittance fighter from Bangladesh. Due to being abroad, he could not provide all the documents required to obtain a passport from the Bangladesh Government. So, as a remittance fighter and as per the recommendation of Bangladeshi Embassy (Paris, France) he is entitled to get his passport.

In view of the above facts and circumstances, we find substances in the submission of the learned Advocate for the petitioner. 

In the result, the Rule is made absolute without any order as to costs.  The  Respondents  are  directed  to  give  passport  as  per  the recommendations of Bangladesh Embassy (Paris, France) Annexure-Ga within  3(three)  months  from  the  date of  receiving  this judgment  in accordance with law.

Communicate the order at once.

Mustafa Zaman Islam, J:

I agree.

Asad/B.O