Externship Report | BLAST

A K DAS's | Law
A K DAS's | LawAdvocate, Chittagong District Bar Association à A K DAS's | Law

Externship Report on "Bangladesh Legal Aid and Services Trust (BLAST)" at Chittagong Unit under the requirements of Externship Course of LL.B. Hon's...

COURSE CODE: “EXT 459”
COURSE TITLE: “EXTERNSHIP WITH NGO’s”
DATE OF SUBMISSION: AUGUST 10, 2017
SUBMITTED BY: SUBMITTED TO:
ARNAB K DAS
ID: LLB 00305037
Department of Law
Port City International University
Email: arnab@legislator.com
Mrs. MUNSI NIGAR AMIN
Lecturer,
Department of Law
Port City International University
Email: nigar.amin92@gmail.com
Remarks/Grade
CC/CT Signature:
Date: August 10, 2017
Student Signature/Date:
Report submitted for the fulfillment of the requirements for the Course of the “EXT 459 - Externship
with NGO’s” under the Program of Bachelor of Laws (LL. B. Hon's) at Port City International
University, South Khulshi, Chittagong, Bangladesh.
SUBMISSION OF REPORT
evsjv‡`k wjM¨vj GBW GÛ mvwf©‡mm Uªv÷ (eøv÷)
Name of the NGO: Bangladesh Legal Aid and Services Trust (BLAST)
Address/Office: Chittagong Unit Office, BLAST. Zilla Parishad Bhaban,
District Judge Court Road, Kotowali, Chittagong.
Phone: 880-31-630578 & 880-31-630578
Email: chittagongunit@blast.org.bd
Date of Workshop/Externship: July 16 - July 20, 2017
Coordinator: Mr. Md. Rezaul Karim Chowdhury
Advocate, High Court Division, Supreme Court of Bangladesh
Staff Lawyer: Mrs. Miskatut Tanjima Azim
Advocate, High Court Division, Supreme Court of Bangladesh
Other Officials: 05
APPLICATION FOR SUBMISSION OF REPORT
August 12, 2017
Mrs. Munsi Nigar Amin
Lecturer & Course Conductor
Externship with NGO’s
Department of Law
Port City International University
South Khulshi, Chittagong, Bangladesh
Subject: Submission of Externship Report.
Dear Madam,
This Report is the outcome of the report under the Bachelor of Laws (LL. B. Hon's)
of Port City International University, Chittagong, Bangladesh.
I am highly pleased to submit my Externship Report on “Bangladesh Legal Aid and
Services Trust (BLAST)”, which you assigned to me as a requirement of LL. B.
program under your course EXT 459 - Externship with NGO’s. It is great pleasure for
me to present you this report and I have prepared my report on the basis of workshop in
the Bangladesh Legal Aid and Services Trust (BLAST).
I will be very glad if the report can serve its actual purpose and I am ready to explain
anything to you if necessary. If you have any further enquiry concerning any additional
information I would be very pleased to clarify that.
I shall be highly encouraged if you are kind enough to receive this report.
Sincerely Yours,
ARNAB KUMAR DAS
ID: LLB 00305037
Department of Law
Port City International University
Email: arnab@legislator.com
CHAPTER 1
INTRODUCTION
Introduction
Topics to be discussed Page Remarks
1.1: Acknowledgement
1.2: Purpose of Externship
1
2
CHAPTER 2
BANGLADESH LEGAL AID AND SERVICES TRUST (BLAST)
Bangladesh
Legal Aid and
Services Trust
(BLAST)
Topics to be discussed Page Remarks
2.1: Bangladesh Legal Aid and Services
Trust (BLAST)
3
2.2: History of BLAST 4
2.3: Mission & Vision of BLAST 4
Photo (Safe Clinic and Hunan Rights) 5
2.4: Objectives of BLAST 6
Photo (Our Rights and the Role of the
Police in Democratic Society and Rights
Awareness Session)
7
2.5: Programs of BLAST 8
Photo (UNCRPD Shadow Report) 9
2.6: Projects of BLAST
(Current Projects)
10
Photo (Rana Plaza Claims
Administration)
11
2.7: Projects of BLAST
(Ended Projects)
12
2.8: Access to Justice 13
Photo (Rights Awareness Session in
Balukhali, Rangamati and Calling for an
end to Child Marriage
14
CHAPTER 3
PERSONAL EXPERIENCE
Personal
Experience
Topics to be discussed Page Remarks
3.1 Experience on Team Work and
Team Leader (TL)
15
CHAPTER 4
PROCEDURE OF MEDIATION PROCESS
Procedure of
Mediation
Process
Topics to be discussed Page Remarks
4.1: Procedure of Mediation Process 16
4.2: Complaint by Complainant 16
4.3: Record the Complaint into the
Complaint Registered Book
16
4.4: Complaint Identification/
Registration Number
17
4.5: Notice/Letter 17
4.6: Service of Notice/Letter 18
4.7: Modes of Service of Notice/Letter 19
4.8: CMS- Complaint Registered in
Online
20
4.9: Daily Complaint Registered 20
4.10: Mediation Session 20
4.11: Final Mediation
(Successful/Unsuccessful)
21
CHAPTER 5
CHITTAGONG UNIT OFFICE
Chapter/Name Topics to be discussed Page Remarks
Chittagong Unit
Office
5.1: Activities of Chittagong Unit Office 22-23
CHAPTER 6
ACTIVITIES OF BLAST UNIT OFFICES
Activities of
BLAST Unit
Offices
Topics to be discussed Page Remarks
6.1: Unit Wise Application 24
6.2: Category Wise Application 25
6.3: Unit Wise Money Recovered 26
CHAPTER 7
FUNCTIONS OF BLAST
Functions of
BLAST
Topics to be discussed Page Remarks
7.1: Functions of BLAST 27
CHAPTER 8
EFFECTS OF MEDIATION BY BLAST
Effects of
Mediation by
BLAST
Topics to be discussed Page Remarks
8.1: Positive Sides of Mediation by
BLAST
28
8.2: Negative Sides of Mediation by
BLAST
29
CHAPTER 9
CRITICAL ANALYSIS
Topics to be discussed Page Remarks
9.1: Critical Analysis 30
CHAPTER 10
CASE STUDY
Chapter- 10
Case Study
Topics to be discussed Page Remarks
10.1: Ranu Rani Roy vs Subrata Roy 31
10.2: Sima Akter vs Jasim Uddin 32
10.3: Subal Das vs State 33
10.4: Mahbub Islam vs State 33
10.5: Sharmin Akter vs Abdul Malik 34
10.6: Sharmin Akter vs Abdul Malik 35
10.7: Ahmed Hosen vs Abul Kalam 36
10.8: Md. Kamal vs Sheuli Akter 37
10.9: Abdul Halim vs Arifur Rahman 38
10.10: Sonia Akter vs Md. Mazid 39
CHAPTER 11
WHERE THE BLAST WORKS
Topics to be discussed Page Remarks
11.1: Where the BLAST Works 40
CHAPTER 12
JUDGMENTS OF BLAST
Topics to be discussed Page Remarks
12.1: Judgments of BLAST 41-44
CHAPTER 13
CONCLUSION
Topics to be discussed Page Remarks
13.1 Conclusion 45
CHAPTER 1
1.1 ACKNOWLEDGEMENT
I, ARNAB KUMAR DAS, ID: LLB 00305037, student of Bachelor of Laws, 11th
trimester of Port City International University, Chittagong, Bangladesh would like to pay
my sincere gratitude towards our Course Conductor Mrs. Munsi Nigar Amin for
arranging our “Externship in Bangladesh Legal Aid and Services Trust (BLAST)” on
Sunday; July 16, 2017 for the purpose of understanding its organization and functioning
and current activities.
I am also thankful to Mrs. Miskatut Tanjum Azim (BLAST Staff Lawyer) and other
Officials of BLAST Chittagong Unit Office to make me understand the role and
functions of Bangladesh Legal Aid and Services Trust (BLAST) in a much practical
perspective.
ARNAB KUMAR DAS
Date: August 12, 2017
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CHAPTER 1
1.2 PURPOSES OF EXTERNSHIP
1
The first known use of the term “Externship” dates back to 1945. However, until recently
most students were entirely unfamiliar with the concept, and many people still don’t know what
they are, or why they’re important.
Similar to an apprenticeship or internship, an externship is typically a training program offered
by educational institutions and private businesses that give students brief practical experiences
in their field of study.
2
Lafayette established its externship program over 30 years ago and today, the externships
range from two to five days in length,
The other major difference between Externships and Internships are that Externships typically
are unpaid and the student usually doesn't receive school credit for their experience. Networking
is often overlooked, so tap into it and land your next Externship.
The purpose of the externship is to gain first-hand insight into a career or industry of interest.
Strictly a job shadowing program in the past, over the last few years it has been added hosts in
graduate and professional school, so that as a student we can gain first-hand insight into these
types of paths as well. For the host, the externship program provides an opportunity to support
us, by sharing our time and talent. In many cases, through serving as hosts, alumni are able to
“pay forward” the support we received from other alumni during their time as a student.
3
An externship often varies by institution or organization. “If I had to speak generally, I would
say that an externship is considered an opportunity for students to gain insight and knowledge in
a particular career field of interest. Externships are valuable career learning experiences in that
they provide the opportunity for students to see first-hand what the day-to-day work activities
and responsibilities are in various professions and industries.” Kurzawa also believes that a
majority of incoming freshman have never heard of an externship.
4
They are critical. During their externships, students will often become involved in projects, sit
in on meetings, and meet other members of the organization, she says. “Not only do students get
to see the career area first-hand, but they also have the opportunity to ask their host and others
questions that they have about the role or industry, through informational interviewing. This
allows the student to get a true picture of the context of the work, real-life challenges, and the
structure of a typical work day or week.”
1
According to Merriam-Webster's dictionary
2
Said Schultz
3
Tiffany Kurzawa, an assistant director at the Center for Career Development at Gettysburg College
4
Schultz says
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CHAPTER 2
2.1 BANGLADESH LEGAL AID AND SERVICES
TRUST (BLAST)
Bangladesh Legal Aid and Services Trust (BLAST) is one of the leading legal services
organizations in Bangladesh, and the only one that provides access to legal aid across the
spectrum, from the frontlines of the formal justice system to the apex court. It prioritizes
support to women, men and children living in poverty or facing disadvantage or
discrimination. It also provides legal aid, advice and representation across a range of
areas, including civil, criminal, family, labor and land law, as well as on constitutional
rights and remedies, providing access to judicial remedies alongside alternative dispute
resolution wherever appropriate. Alongside individual legal aid, BLAST undertakes
strategic litigation, or public interest litigation, as a key part of its advocacy for law and
policy reforms to ensure effective legal protection of rights.
Currently operating in 19 districts across the country, BLAST works through its staff
lawyers (and paralegals and researchers) at headquarters and in each district unit, in
collaboration with its enlisted panel of about 2300 lawyers across the country who
provide legal redress to clients on a pro bono basis, with a nominal honorarium. A panel
of lawyers practicing in the Supreme Court of Bangladesh also undertakes litigation and
advocacy on law and policy reform. BLAST is governed by a Board of Trustees
comprised of eminent jurists, lawyers and human rights advocates with experience in
domestic and international protection of human rights, who provide critical leadership to
the organization. It is also supported by a Consultative Group, comprised of young
professionals, including researchers, lawyers, and human rights advocates.
BLAST has gained proven expertise in providing legal aid to poor and disadvantaged
clients, having undertaken some 57,467 cases to date. Over the years, out of 1,15,182
applications received for legal assistance, BLAST responded to 20,133 applications by
resolving them through mediation. It has also filed about 82 public interest litigation
cases before the Supreme Court of Bangladesh as part of its advocacy for law and policy
reforms to address institutional obstacles to justice delivery. It regularly undertakes
awareness programs on legal rights for community members in its areas of operation,
including family laws, criminal law and land laws. It is also involved in regular
coordination meetings with local administration officials, in particular with key actors
within the justice system, including members of the judiciary and legal profession, and
with civil society organizations.
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CHAPTER 2
2.2 HISTORY OF BLAST
The idea for a national organization that could utilize lawyers around the country to
provide pro bono services was raised at a national conference of lawyers held by the
Bangladesh Bar Council in 1992. Bangladesh Legal Aid and Services Trust (BLAST)
was established in 1993 as a free legal services organization with a Board of Trustees
comprising eminent jurists, lawyers, and former judges of the Bangladesh Supreme
Court. After beginning operations at five offices in 1994, BLAST grew rapidly and now
it has 19 unit offices in addition to the head office in Dhaka.
BLAST operates at the frontlines of the legal system, from the magistrate courts right up
to the Supreme Court. It is the only legal services group to provide advice and assistance
in criminal, family, civil, land and constitutional law matters. When founded, BLAST
focused on providing legal aid, but it soon broadened its mandate to include alternative
dispute resolution, public interest litigation, and legislative advocacy, providing a
comprehensive approach to justice for marginalized and vulnerable persons.
BLAST has undertaken significant public interest litigation on criminal justice, economic
and social rights and equality issues. BLAST’s most recent work includes litigation
regarding extrajudicial killing, women's rights, Adivasi rights, and rights of persons with
disabilities.
2.3 MISSION OF BLAST
BLAST’s mission is to make the legal system accessible to the poor and the
marginalized.
2.4 VISION OF BLAST
BLAST envisions a society based on the rule of law in which every individual, including
the poor, marginalized and excluded, in particular women, children, peoples with
disabilities, adivasis, and dalits, have access to justice and in which their human rights are
respected and protected.
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A legal facilitator delivering legal advice to a client at a SAFE clinic.
Human Rights are for everyone, always, everywhere: Marking International
Human Rights Day 2014 at the Supreme Court Gate
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CHAPTER 2
2.5 OBJECTIVES OF BLAST
In view of the above vision and mission statement, BLAST's specific objectives are:
(i) To provide free legal aid and to undertake public interest litigation and
advocacy activities to ensure that opportunities for securing justice are not
denied to any person for any reason;
(ii) To administer a trust fund for establishing and maintaining legal aid and
services units supported by the grants from the Trust;
(iii) To establish legal aid/assistance and human rights protection units in the bar
associations and in different localities of the country, including rural areas;
(iv) To conduct special training programs through which relevant skills and
expertise can be imparted to lawyers, activists and others;
(v) To coordinate the activities of the units with other organizations, including
NGOs working in related fields;
(vi) To publish original research articles and reports about matters useful to lawyers;
(vii) To promote improved legal education, including awareness of responsibility for
providing legal aid to disadvantaged persons, and to promote, establish and
maintain national institutions for legal education;
(viii) To organize seminars, symposiums and extension lectures on various law
subjects for advocates, teachers, law students, and to promote participation in
international conferences, workshops, and training and educational programs.
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Advocate Firoz Ahmed, senior lawyer and icon of the human rights movement in Bangladesh,
speaking at a workshop on ‘Our Rights and the Role of the Police in a Democratic Society’ in
Khulna
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A field facilitator speaks to adolescents and young women at a rights awareness session
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CHAPTER 2
2.6 PROGRAMS OF BLAST
Most people in Bangladesh have limited access to either the formal or the informal justice
system. This lack of access has particularly adverse effects for women, children and the
marginalized, who face socioeconomic and cultural discrimination as well as exclusion, and
have minimal avenues to voice their problems and seek redress. BLAST seeks to reach out to
this section of society, raising their awareness and understanding of available rights, remedies
and services, and seeking to ensure greater responsiveness to their needs from within the justice
system.
 Legal Aid
BLAST’s core activities focus on legal aid (advice, referral, mediation, litigation and
community awareness) for the poor and those who are marginalized, related research, advocacy
(including public interest litigation) and communications to address discriminatory and arbitrary
laws. We also undertake capacity building and training for key actors in the justice system.
 Public Interest Litigation (PIL)
Alongside individual legal aid, BLAST undertakes strategic litigation, or public interest
litigation, as a key part of its advocacy for law and policy reforms to ensure effective legal
protection of rights.
 Capacity Building
BLAST aims to improve access to justice by building the capacity of legal service providers and
other actors in the justice sector. BLAST's activities in this area include staff training; capacity
building for management committee members and panel lawyers; awareness programs for
clients; capacity building on rights and collaborative events to strengthen justice delivery
focused on the remedies available under particular laws or for particular groups.
 Advocacy and Networking
BLAST organises a number of advocacy meetings, workshops and seminars on a range of issues
to not only facilitate changes in Bangladesh’s laws, but also increase discourse around issues of
justice in Bangladesh. To ensure a just and accessible legal system in Bangladesh, it is also
essential to forge and strengthen existing partnerships and strategic alliances in all our key areas
of work. We work closely in formal and informal networks with other organizations and
coalitions both nationally and locally, including on documentation research, investigation,
advocacy and public interest litigation.
 Research
BLAST's research activities are complementary to its legal aid and public interest litigation and
advocacy activities. BLAST conducted several small scale research studies on various issues,
relating to its ongoing advocacy including implementation and follow up of Supreme Court
judgments.
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Participant at a national consultation meeting on the UNCRPD
shadow report
Participant at a national consultation meeting on the UNCRPD
shadow report
Panelists at a national consultation meeting on the UNCRPD
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CHAPTER 2
2.7 PROJECTS OF BLAST
BLAST undertakes complementary projects in addition to its core program to
expand access to justice for the poor and marginalized people in Bangladesh. Our
projects cover a wide spectrum of issue areas ranging from women’s health rights to
actions to child protection.
2.7.1 CURRENT PROJECTS
 Access to Justice for Realization of Human Rights and Advocacy for
Empowerment of the Poor (A2J)
 Access to Justice for the Marginalized through Community Legal Services (CLS)
 Access to Legal Empowerment and Outreach (ALO)
 Action for Security and Rehabilitation Initiative (ASR)
 Activating Village Courts in Bangladesh (AVC)
 Effective Participation for Transparent and Accountable Local Governance (EPT)
 Improvement of the Real Situation of Overcrowding in Prisons in Bangladesh
(IRSOP)
 Increasing protection of women legal rights through mobile services (MLS)
 Legal Reform for Ending Corporal Punishment in all Settings (ECP)
 Legal Empowerment and Gender Diversity (LEG)
 Producing the CRPD Shadow Report to bring about a greater engagement by the
state and key social actors to the recognition of disability rights in Bangladesh
(CRP)
 Recognising Consent and Choice (RCC)
 Worker Empowerment and Advocacy in the RMG Sector (WER)
 Women’s Health Rights and Choices (SHOKHI)
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BLAST paralegals providing counseling to clients under the Rana Plaza Claims Administration
BLAST paralegal providing assistance to client under the Rana Plaza Claims Administration
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2.8 PROJECTS OF BLAST
2.8.1 ENDED PROJECTS
 Actions for Child Protection - Violence against children (ACP)
 Community Awareness for Access to Justice (CAA)
 Civil Society and Police Reform in South Asia (CHR)
 Growing up Safe and Healthy: SAFE (SAF)
 Justice and Safety for Workers after Rana Plaza (JSW)
 Making it Work: Access to Justice for Persons in Disabilities in Bangladesh
 (MIW)
 Monitoring and Evaluation of Legal Empowerment Interventions (MELEI)
 Pre-Counseling and Completion of Claims forms under the Rana Plaza Claims'
Administration (RPC)
 Strengthening Garment Workers’ Access to Legal Aid in Bangladesh (SGW)
 Producing the CRPD Shadow Report to bring about a greater engagement by the
state and key social actors to the recognition of disability rights in Bangladesh
(CRPD)
 Right to Worker and Consumer: Safety and Public Accountability in Bangladesh
 Women in Justice (WIJ)
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CHAPTER 2
2.9 ACCESS TO JUSTICE
Individuals in impoverished communities in Bangladesh struggle to gain access to both formal and
informal justice systems. Obstacles are geographic, financial, cultural, religious, and gender based.
Pervasive corruption and fear of repression or violence, as well as the absence of social support outside
the family or community inhibit many from seeking violence.
Many people are simply not aware of their rights or how or where to access remedies. In 2014 BLAST
sought to address these issues by undertaking legal education and awareness programs, and providing
legal aid to individuals and communities in need.
It also continued to engage in consultations and to engage in advocacy seeking increasing
responsiveness of justice sector actors to the rights of the poor and marginalized, while and building
their capacity to better respond to the needs of those accessing the justice system.
 Legal Aid
BLAST’s core work focuses on providing legal aid. This is broadly defined to include advice, referral,
mediation, litigation and education and awareness programmes on rights remedies and available
services.
The majority of BLAST’s clients are women, and many are from the poorest or most disadvantaged
groups in society, including those facing multiple and intersectional forms discrimination on grounds of
ethnicity, religion, caste, or disability. Many have no source of independent income, whereas others who
may be economically independent lack the means and capacity to access secure remedies without free
legal aid and assistance. In 2014 BLAST received 9,692 new applications for legal aid.
 Mediation
BLAST offers mediation services, a form of alternative dispute resolution, for settlement of disputes
relating to family, land, financial, petty criminal, and labor matters. This legal service is often favoured
over litigation due to its efficacy, cost effectiveness and expediency.
In BLAST’s experience of delivering legal services, mediation is mostly utilized in cases relating to
family law and labor law matters to claim economic entitlements. In 2014, BLAST settled a total of
2,151 applications through mediation, resulting in 4,302 direct beneficiaries and 21,510 indirect
beneficiaries.
 Litigation
BLAST provides legal representation to individuals at all levels of the justice system, from the Village
Courts to the Supreme Court, through its staff lawyers and its nationwide network of panel lawyers. By
enabling the poor and the marginalized to access legal advice at no cost, we are trying to open up
pathways to access justice.
In 2014, BLAST instituted a total of 9557 cases, at all levels of the justice system. The number of cases
pending remained at 19,741. Through litigation, BLAST enabled its clients to recover financial
entitlements and compensation, primarily in family law disputes and labor law disputes. Thus, resolution
of 605 family disputes, resulted in recovery of BDT 38,987,774 (USD 499,843) on behalf of clients. On
the other hand arrears of wages recovered for workers amounted to BDT 11,580,794 (USD 148,471).
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Community Legal Services in Action: Rights Awareness Session in Balukhali Rangamati
Prof. Zafar Iqbal and Prof. Yasmeen Haque join BLAST in calling for an end to child marriage
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CHAPTER 3
3.1 EXPERIENCE ON TEAM WORK/TEAM LEADER
In this workshop, I was a member of Group B and performed as Team Leader (TL).
From this workshop, personally I have experienced about the team work with my team
members. I think team work is very essential for such type of training session or
workshop in any organization. A good team work brings a good result. My team
members were supporting and helping me in every situation, and I am very grateful to my
team members. The trading session would not be completed without my team members.
Although in some cases, there are some embracing situation are created and sometimes
failed the main purpose of the team work, but in this training or workshop I have not
suffering any problem as well as any unusual moment or activities.
As a team leader its very glad full for me that no group member shall violates any rule,
regulations and instructions imposed by our university authority and they have also
complied my all orders and instructions.
In general, Bangladesh Legal Aid and Services Trust (BLAST) dispose any matter so
arises between two or more parties through mediation or arbitration process. BLAST is
non-profit private lawful organization who provides legal aid/services without any cost.
BLAST is bearing the cost of any parties who are pauper. Generally, BLAST mediates
any matter according to the provisions of Code of Civil Procedure, 1908 (Act No. V of
1908), the Code of Criminal Procedure, 1898 (Act No. V of 1898) and any other law
for the time being in force.
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CHAPTER 4
PROCEDURE OF MEDIATION PROCESS
When a Complainant comes to Bangladesh Legal Aid and Services Trust (BLAST),
a Staff of BLAST or any other person who is empowered or appoints for doing so
listen actively to the complainant and shall be taken following steps:
4.1 Complaint by Complainant
Every complaint made by the complainant shall be written in Complaint Registered Form
and sign and verified by the complainant as well as BLAST Official Staff. Following
information’s are mandatory to fill up the complaint Registered Form:
 Necessary Documents, (i. e. Kabinanama, Birth Certificate of Complainant or
his/her children, Talaq Paper, etc);
 Name of the Complainant and Opposite Party;
 Father and Mother Name of the Complainant and Opposite Party;
 Age of of the Complainant and Opposite Party;
 Present and Permanent Address of the Complainant and Opposite Party;
 Profession of the Complainant and Opposite Party;
 Monthly Income of the Complainant and Opposite Party;
 Whether Complainant and Opposite Party married or unmarried, if married, is it
registered or not;
 Educational Qualification of the Complainant and Opposite Party;
 Family Members of the Complainant and Opposite Party;
 Land holding by the Complainant and Opposite Party;
 Description of the Complaints, made by the Complainant
4.2 Record the Complaint into the Complaint Registered Book
All Information’s of the Complainant and Opposite Party shall be recorded in writing in
“Complaint Registered Form” shall also be recorded in writing in the “Complaint
Registered Book” as well as Description of the Complaints.
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CHAPTER 4
PROCEDURE OF MEDIATION PROCESS
4.3 Complaint Identification/Registration Number
After recording all information’s in the Complaint Registered Form and Complaint
Registered Book, a Salish Card shall be issue and given to the complainant and
following information shall be written in the Shalis Card:
 Name of the Complainant and Opposite Party;
 Registration Number (i. e. 234/2017);
 Date of Complaint; and
 Date of Appear of both parties
4.4 Notice/Letter
When a complaint made by complainant duly recorded in writing in the Complaint
Registered Form and Complaint Registered Book, a Notice/Letter shall be issued to
the opposite party. Following information’s shall be writing in the Notice/Letter
Form:
 Name of the Complainant and Opposite Party;
 Complaint Registration Number;
 Summary of the complaint or Claims of Complainant;
 Date of Complaint; and
 Date and Time of Appear of both parties
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CHAPTER 4
PROCEDURE OF MEDIATION PROCESS
4.5. Service of Notice/Letter or Modes of Notice/Letter
 Notice/Letter shall be issued and served according to the provisions of Section 27
and Order V of the Code of Civil Procedure, 1908 (Act No. V of 1908) in case
of Civil nature, and Sections 68-74 of the Code of Criminal Procedure, 1898
(Act No. V of 1898) in case of Criminal nature.
 Notice/Letter shall be issued to the party against whom the complaint has been
registered, to appear and answer the complaints so registered against him on a date
fixed by the BLAST. But no such notice shall be issued when the opposite party
has appeared at the presentation of complaint and admitted the complainant
complaints.
 No service or other charge shall be taken from the both parties to delivering or
tendering the Notice/Letter.
 Notice/Letter shall be composed with complaint summary or claims of the
complainant, so made by the complainant and a date fixed or time where the
opposite party are required to be present.
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CHAPTER 4
PROCEDURE OF MEDIATION PROCESS
4.6 Modes of Service of Notice/Letter
 Service of Notice/Letter shall be made by delivering or tendering a copy thereof
signed by Staff Lawyer of the Bangladesh Legal Aid and Services Trust (BLAST)
or any other person empowered or appoints by BLAST for doing so, and shall be
sealed with the seal and signed of the BLAST Unit Office.
 Every Notice/Letter shall be issued to the party or parties, to whom against the
complaint has been registered and the Notice/Letter shall be in writing.
 Notice/Letter shall be served through the post office with registered AD and no
service charge shall be taken from any party.
 Where there are several opposite parties more than one, service of the
Notice/Letter may be made on each party separately or on a individual
Notice/Letter, but it will be defend on complainant demand.
 Where the serving officer delivers or tending a copy of the notice to the opposite
party, or any other person on his behalf, he shall require the signature of the person
to whom the copy is so delivered or tendered to an acknowledgment of service of
Notice/Letter.
 Where the opposite party or any other person on behalf of his refuses to sign the
acknowledgement, or where the defendant is absent from his residence at the time
when the service of Notice/Letter, and there is no person on his behalf to accept
service of the notice, the Notice/Letter shall then return the original to the BLAST
office from which it was issued, with a report endorsed thereon or annexed thereto
stating that he has so affixed the copy, the circumstances under which he did so,
and the name and address of the person (if any) by whom the house was identified
and in whose presence the copy was affixed.
 From the end of BLAST, they have issued a Notice/Letter maximum two times,
and in some cases in may be issued three more time, but it will be defended on the
nature of the case or the interest or benefit of the parties who are involved with the
matter.
 After the Notice/Letter has duly served by complying all procedure, if the opposite
party does not appear on date fixed by BLAST has advice to the complainant to
institute a suit in the competent Court.
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CHAPTER 4
PROCEDURE OF MEDIATION PROCESS
4.7 CMS - Complaint Record in Online
After the complaint has been recorded in the Complaint Registered Form and Complaint
Registered Book, Serving Notice/Letter to the opposite party, and by complying others
procedure all information’s of complainant and opposite party shall be recorded in the
BLAST CMS, which will be stored for future and the BLAST authority can access the
whole information from anywhere or anytime. In the CMS, every action of day by day
shall be recorded.
4.8 Daily Complaint Registered
In this book, every complainant on a date fixed shall be recorded in writing. (i. e.
Registration Number: 123/2017 and the mediation date or time is 30/07/2017, both parties
are required to be present on time or date fixed. When a mediation session has been
completed a new date or time shall be given to the both parties.
4.9 Mediation Session
 Both parties are required to be present on date or time fixed by the BLAST Unit
Office. No Mediation Session shall be held upon non-appearing of any of the party.
 If the party does not appear on date or time fixed, a Notice/Letter shall be re-issued
against to him.
 When both parties are present, a Staff Lawyer of BLAST will be performed as
Mediator or Neutral and he/she will hear both parties complaint or claim and shall
reached a decision upon the basis of complainant or opposite parties arguments or
claims.
 If the opposite party does not appear on the date fixed or time consecutive, the
complaint or matter shall be sent to the competent Court for filing a Suit or Case
upon regarding the matter with the consent of the complainant.
 After the successful Mediation, every action shall be recorded in the BLAST CMS
system. It will be stored for future and the BLAST authority can access the whole
information from anywhere or anytime.
 No charge or cost shall be made by BLAST from the both parties, and BLAST will
bear the traveling allowance of the complaint.
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CHAPTER 4
4.10. Final Mediation (Successful or Unsuccessful)
 Successful Mediation means, when both parties (Complaint and Opposite Party)
reached their decision upon the basis of disputed matter arises between them, and
they have decided to obey all terms and conditions imposed upon them by BLAST
Unit Office.
 After the successful Mediation, every action or step day by day shall be recorded in
writing in Complaint File as well as BLAST CMS system. It will be stored for
future and the BLAST authority can access the whole information from anywhere
or anytime.
 After successfully mediate a matter, all terms and conditions made by both parties
upon their arguments shall the recorded in writing in the official document and the
Complaint file. BLAST will preserve the documents or record for future evidence.
 Both parties will under observation for a specific period or, time by the Staff or
Representative of BLAST, or any other person empowered by BLAST for doing
so.
 After successful Mediation and complied all procedure, if any party does not
comply or violates any terms and conditions, imposed upon him/her through
Mediation process, a Notice/Letter shall be issued against him/her and shall be
required to appear in prescribed place and time or BLAST Unit Office.
 If the Mediation process is failed, the Complaint will be sent to competent Court
for Litigation with the consent of Complainant.
 Upon the request of Complainant or application made by the Complainant, BLAST
will appoint a Lawyer for defending or performing the Litigation.
 No charge or any other cost shall be taken form the Complainant for the purpose of
Litigation.
 Traveling allowance shall be given upon the basis of Complainant request or
demand.
 In case Dower and Maintenance money, Opposite party shall require to be
present in BLAST Office, from where the matter has been disposed, to give money
to the Complainant in the presence of Staff Lawyer of BLAST, or any other person
who disposed the matter or, any other official of BLAST, and a Money Receipt
shall be issued in the name of the opposite party. Otherwise, the Opposite party can
pay the money into the Complainant Bank Account.
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CHAPTER 5
5.1 ACTIVITIES OF BLAST CHITTAGONG UNIT
OFFICE
In last 6 months, Bangladesh Legal Aid and Services Trust (BLAST) Chittagong
Unit has a good record in Mediation process and almost they have 85% successful
ratings. From the “Dashboard” of BLAST CMS followings information’s were
found:
Advise
5
Male Female
2 3
Only 2 Males and 3 Females were advised upon their requirements or query by the
BLAST Unit Office, Chittagong.
Application
699
Male Female
100 599
Till Thursday, July 20, 2017 total 699 complaints has been filed, where 599 complaints
are filed by Female Victim and 100 complaints are filed by Male Victim.
Mediation
527
Male Female
22 505
Till Thursday, July 20, 2017 total 527 complaints goes to Mediation process, where 505
Mediation are processed upon the complaint of Female Victim and only 22 Mediation are
processed upon the complaint of Male Victim.
© All information attached in this page are collected from BLST CMS System.
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CHAPTER 5
5.2 ACTIVITIES OF BLAST CHITTAGONG UNIT
OFFICE
Litigation
122
Male Female
46 76
When the Mediation process has failed, the complaint goes to the Litigation process upon
the consent of the Complainant. In last 6 months, BLAST Unit Office in Chittagong only
122 complaints have been sent for Litigation, where 76 Litigation process are processed
upon the complaint of Female Victim and 46 Litigation process are processed upon the
complaint of Male Victim.
Resolved
228
Mediation Litigation
221 7
In last 6 months in BLAST Chittagong Unit Office, total 228 complaints so made by
complainant has been resolved till Thursday, July 20, 2017, where 221 complaints have
been resolved through Mediation process and only 7 complaints have been resolved
through Litigation process.
© All information attached in this page are collected from BLST CMS System.
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CHAPTER 6
ACTIVITIES OF BLAST UNIT OFFICES
6.1 (UNIT WISE APPLICATION)
Currently BLAST has total 19 Units over the country. Here are the last 6 months
information of total applications, which are filed in different BLAST Unit Office.
SL. Unit Name - BLAST Number of Application
1. Head Office/Judge Court 2076
2. Dhaka 2068
3. Rajshahi 1341
4. Sylhet 1216
5. Comilla 1176
6. Bagura 798
7. Faridpur 728
8. Chittagong 733
9. RAN 761
10. Rangpur 544
11. Others (Total: 12) …….
© All information attached in this page are collected from BLST CMS System.
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CHAPTER 6
ACTIVITIES OF BLAST UNIT OFFICES
6.2 (CATEGORY WISE APPLICATION)
Currently BLAST has total 19 Units over the country. Here are the last 6 months
information of total applications, which are filed in BLAST Unit Offices as Category
Wise.
SL. Category Name Number of Application
1. Criminal 323
2. Family 230
3. Criminal 57
4. Labor 20
5. Miscellaneous 14
6. Criminal 10
7. Land 5
8. Civil 1
9. Others 1
© All information attached in this page are collected from BLST CMS System.
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CHAPTER 6
ACTIVITIES OF BLAST UNIT OFFICES
6.3 (UNIT WISE MONEY RECOVERED)
In last 6 months, total BDT…........................ has been recovered from the Opposite
Party upon the basis of Complainant Complaints so submitted. Most of the amount
so recovered, are Dower Money/Mahar, Maintenance for Child and Wife. Here are
last 6 months information of total amounts recovered by BLAST Unit Offices.
SL. Unit Name - BLAST Number of Application
1. Head Office/Judge Court BDT 195185.00
2. Head Office Labor BDT 2238040.00
3. Rajshahi BDT 3590800.00
4. Sylhet BDT 213000.00
5. Comilla BDT 3237500.00
6. Bagura BDT 2347000.00
7. Faridpur BDT 3237500.00
8. Chittagong BDT 5,144,500.00
9. RAN. BDT 635000.00
10. Rangpur BDT 273000.00
11. Others (Total: 12) BDT 4632.00
© All information attached in this page are collected from BLST CMS System.
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CHAPTER 7 Page-27
Page-20
POSITIVE SIDES OF BLAST
(CHITTAGONG UNIT OFFICE)
 ..............
 .............
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7.1FUNCTIONSOFBLAST
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CHAPTER 8
8.1 POSITIVE SIDES OF BLAST - CTG. UNIT
Although there are some defects of Mediation proceedings, Bangladesh Legal Aid and
Services Trust (BLAST) proves some beneficial legal aid or services to the both parties.
As a result, BLAST has a good rating in Mediation, and their settlement rates of up to 85
per cent. Followings are the major advantages or position effect of the Mediation
proceeding under the BLAST:
 In BLAST, the Complainant or Applicant and Opposite Party can solve their matter arises
between them without paying any cost or charge.
 In BLAST, by accepting Mediation processing by the parties, the parties can schedule
Mediation at any time without having to wait for a court schedule, which not only speeds
up the process but also provides flexibility.
 In the ordinary Court system, judgments and opinions are usually public record, but the
Meditation process is confidential. In BLAST, if the parties settle through mediation, no
public record exists of what developed at the negotiation meetings or of the amount of the
settlement.
 A neutral professional typically presides over the Mediation proceeding. As a result, in
BLAST, the parties are free to select a mediator with special knowledge of the area of
law in question rather than leave the decision to a judge or a jury, who may not fully
understand the law. Generally, Staff Lawyer of BLAST presides over the Mediation
proceeding.
 In Mediation proceeding, both the parties involved in mediation can use the process as an
opportunity to preserve the relationship, whether it is a husband and wife, business
partners or an employer and employee.
 BLAST also preserve the relationship between the both parties and keeping their
reputations during Mediation proceedings.
 No matter shall be sent to the Litigation without giving reasonable opportunity to the both
parties and exercising all process of Mediation by the BLAST. If the Mediation process
has failed, then the BLAST suggests to the Complainant for filing a Suit.
 In BLAST, Mediation proceedings are typically less acrimonious than Litigation and
allow the parties to get to the heart of the problem and come to a reasonable conclusion.
 BLAST provides advocacy, where the Complainant is not enable or capable to defend the
case, due to his/her financial incapacity.
 BLAST also provides traveling allowance to the parties, in case of necessary or under the
circumstances of the financial status of the parties.
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CHAPTER 8
8.2 NEGATIVE SIDES OF BLAST – CTG. UNIT
Although Bangladesh Legal Aid and Services Trust (BLAST) is a non-profit Legal
Organization and all matter or complaints filed in BLAST is disposes through the
Mediation process, however it has some leaking and which can be negative impact upon
the Organization and ultimately it may impact on the purposes or objectivities of BLAST.
By Externship in Bangladesh Legal Aid and Services Trust (BLAST) Chittagong
Unit Office, following negative issues or sides came to my observation:
 Chittagong Unit Office of BLAST is not modern facilitate and well decorated
building.
 Currently only 6 Official Staffs are working for the organization. Personally, I
think BLAST should increase more Staff in this Unit.
 Service of Notice/Letter takes more times. As a result, Complainant feel bore. In
some cases, Complainant or Opposite Party did not comply the Service of
Notice/Letter.
 Mediation process in not strong, and there is no immediate procedure or hard and
fast rule to comply the whole Mediation process by the parties.
 When a Mediation is successful or a decision has made between the parties and
they have reached a decision upon their Complaints or claims, but subsequently
they are not complying the terms and conditions. But there is no immediate
procedure or hard and fast rule to comply all terms and conditions made through
the Mediation process.
 Whereas, there is no physical or financial punishment under the Mediation process,
so both parties does not comply the mediation process. As a result, mediation
process and objectives of BLAST may be failed.
 There is no sufficient space or chair and table for the peoples, who came here for
the legal aid or service.
 There is no harmony in Complaints File and sometimes it takes too many times to
find it.
Negative issues or impact failed the objectivities of a organization. So as an Non-
profit organization, BLAST should prohibit such types of negative sides.
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CHAPTER 9
9.1 CRITICAL ANALYSIS
Following critical analysis came to my observation:
(i) After successfully Mediation, maintenance given to complainant and her child
or children is not sufficient. Otherwise Maintenance is fixed with the consent of
opposite party. In the Complaint of Runu Rani Roy vs Subrata Roy, only BDT
1,000 is given to the Complainant and her Child as maintenance. Personally, I
think it is not sufficient for complainant.
(ii) In some cases, both parties don’t comply the terms and conditions made upon
the basis of final Mediation process, and the terms and conditions so imposed
upon the opposite party, is not agreed upon on it.
(iii) Whereas, there is no punishment or fine by laws. So, the both parties did not
comply the Mediation process and sometime they ignore the Mediation or any
other process intentionally.
(iv) In some case, fear intimidation is shown to opposite party, so that he/she is
bound to comply the Mediation process, and opposite party does not face before
Court/Case, so he/she comply the Mediation without his/her willing.
(v) In some cases, both parties did not comply the Service of Notice/Letter, and
there are no necessary steps to be taken or punishment for complying such
process.
(vi) There is no separate room for Mediation session, and the Mediation session is
held between any other parties.
(vii) In some cases, priority is given to the complaint and especially to woman to
dispose the matter through Mediation process. As a result, opposite party
always dissatisfied upon the Mediation process.
(viii) In Dower case, no special procedure or steps to be taken to recover dower
money speedily from the opposite party, and it’s depend on the opposite parties
willing.
(ix) In Maintenance case, no such special procedure or necessary steps to be taken
to recover maintenance speedily from the opposite party, and always it’s
depend on the opposite parties willing.
(x) During Mediation, only 5/10 minutes given to both parties for important
discussion or reaching any further decision, and it’s not sufficient time for
taking any important decision.
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CHAPTER 10
CASE STUDY
Bangladesh Legal Aid and Services Trust (BLAST) mediated a lot of cases between both the
parties through the Mediation process and it has about 85% success rate in Mediation. Most of
the cases are Family Suit, i. e. Maintenance, Dower, Recovery of Dower money or mahar,
Restitution of Conjugal Life, etc. During the Externship in BLAST, more than 20 cases were
studied by me and followings are part of them:
10.1 Ranu Rani Roy vs Subrata Roy
The complaint was filed by the Complainant Ranu Rani Roy against her husband Subrata Roy
along with her mother-in-law Sabita Roy for her and her Child maintenance.
Fact of the Case
Complainant married to opposite party on 2013 and they have consumed 1 daughter. After
marriage, Opposite party along with his mother and his sister always tortures to the
Complainant, whether physically and mentally and the Complainant went her parent’s house.
Later the opposite party does not provide any maintenance for the complainant and her daughter.
As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and
Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. A
Notice/Letter has been served against the Opposite Party to appear and defend the case.
First Hearing
The date was fixed for Mediation, and both parties were present. After first hearing, opposite
party has agreed to give Tk. 2000 per month for his wife and Child as maintenance.
Second Hearing
The date was fixed for mediation, and the Complainant was present, but the Opposite Party was
not present. A Notice/Letter has been re-issued against to the Opposite Party to appear.
Third Hearing and Final Mediation/Settlement
The date was fixed for final settlement and the both parties were present. Opposite Party has
agreed to give Tk. 2000 per month to his wife and child as maintenance and paid Tk. 4000
instant as previous two months due.
Decision of the Complaint
 No separation was made between the parties.
 Opposite party will shift a new house and till shifting house, Complainant will resides her
parent’s house.
 In that time, Opposite Party will bear maintenance for his wife and daughter.
 Both parties have been agreed to continue their conjugal life with peacefully.
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CHAPTER 10
CASE STUDY
10.2 Shima Akter vs Jasim Uddin
A complaint was filed by the Complainant Shima Akter against her husband Md. Jasim
Uddin along with her husband family members for her maintenance and mahar.
Fact of the Case
The Complainant married to opposite party on 16/06/2015 with 5,00,000 taka den mahar.
After marriage, Complainant came to know that Opposite Party has another conjugal life
and she disclosed about the same. Later, opposite party along with his mother and his
sister always physical tortured to the complainant and sent to her parent’s house. Later
the opposite party does not provide any maintenance for the complainant and did not
communicate with her.
As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and
Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. Though
the mediation was settled between the parties by the Local Authority (Ward
Commissioner), but the Opposite party did not comply the mediation and the Local
Authority has suggested to the Complainant for Litigation. A Notice/Letter has been
served by BLAST against the Opposite Party.
First Hearing
The date was fixed for mediation and the Opposite party does not appear. A Notice/Letter
has been re-issued against the Opposite Party to appear and defend the case.
Second Hearing
The date was also fixed for mediation, but the Opposite party does not appear. A
Notice/Letter has been issued for second time against the Opposite Party to appear and
defend the case.
Third Hearing and Final Mediation/Settlement
The date was also fixed for mediation, but the Opposite Party does not appear. No further
Notice/Letter has been issued against the Opposite Party.
Decision of the Complaint
The complaint has been sent for Litigation through the BLAST and BLAST has decided
to managing the Case by its Panel Lawyer.
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CHAPTER 10
CASE STUDY
10.3 Subal Das vs State
Fact of the Case
A complaint was filed in favor of the accused against the State (Government). In this
case, accused person was arrested by the Police for keeping Drugs (Narcotics) in his
custody for the purpose of illegal sale.
As a result, the accused brought the complaint before the Bangladesh Legal Aid and
Services Trust (BLAST) for defend the case and prayer for legal aid.
Decision of the Complaint
BLAST has accepted the Complaint to filing Litigation. The case has been sent for
Litigation through the BLAST and BLAST has decided to defend the Case by the Panel
Lawyer.
10.4 Mahabub Islam vs State
Fact of the Case
A complaint was filed by the Complainant against the State. In this case, Complainant
was arrested by the Police Officer for keeping Drugs (Narcotics) in his custody for the
purpose of illegal sale.
As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and
Services Trust (BLAST) for defend the case.
Decision of the Complaint
BLAST has accepted the Complaint to filing Litigation. The case has been sent for
Litigation through the BLAST and BLAST has decided to defend the Case by its Panel
Lawyer.
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CHAPTER 10
CASE STUDY
10.5 Suraiya Begum vs Mohammad Sohel
A complaint was filed by the Complainant Suraiya Begum against her husband Mohammad
Sohel along with her husband family members for her maintenance and mahar.
Fact of the Case:
The Complainant was married to opposite party on 22/01/2016 with 3,00,000 taka mahar. After
marriage, Complainant came to know that Opposite Party has an extra marital affair with other,
and the Opposite party always physically and mentally tortured to the complainant, and sent to
her parent’s house. Few days later, mediation between both parties was made by the both family
and the Opposite Party has decided to continue his conjugal life with his wife peacefully and no
extra marital affair shall exist.
After passing few days peacefully, Opposite Party claims Tk. 2,00,000 from the Complainant's
father for the purpose of going to abroad and Tk. 2,00,000 has given to the Opposite Party. Later
Opposite Party starts misbehave with the Complaint and sent to her parent’s house. From that
time, Opposite Party does not bear any maintenance.
As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and
Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. Though the
mediation was settled between the parties by the both family and Local Authority (Ward
Commissioner), but the Opposite party did not comply the mediation and the Local Authority
has suggested to the Complainant for Litigation. A Notice/Letter has been served by BLAST
against the Opposite Party to appear and defend the case.
First Hearing
The date was fixed for mediation, but the Opposite Party does not appear. As a result, a
Notice/Letter has been re-issued against to the Opposite Party to appear.
Second Hearing
The date was also fixed for mediation, and the both parties were present. Opposite party has
agreed to pay or bear previous maintenance of his wife, and prayer for time for further decision.
BLAST has accepted his prayer and a new date has fixed for mediation.
Third Hearing and Final Mediation/Settlement
The date was also fixed for final settlement and the both parties were present and the matter has
been mediated between the parties.
Decision of the Complaint
 Opposite Party has agreed to pay Tk. 2000 per month to his wife as previous due
maintenance and decided to give Tk. 2,00,00 to his father-in-law.
 He also agreed that a happy conjugal life shall exists with his wife and no physical or
mental tortured shall be made against the Complainant.
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CHAPTER 10
CASE STUDY
10.6 Sharmin Akter vs Abdul Malik
A complaint was filed by the Complainant Sharmin Akter against her husband Abdul Malik for
her maintenance.
Fact of the Case
Complainant was married to opposite party on 19/09/2016 with 4,00,000 taka den mahar. After
marriage, Complainant came to know that the Opposite Party is drug addicted and he always
tortured to the Complainant, whether physically or mentally after drunk. Later, the Complainant
went her father’s house. Few days later, Opposite Party came to Complainant's house and
brought her to his house. After passing few days, he started the same against her wife and the
Complainant went her father’s house again. From that time, Opposite Party does not bear any
maintenance of the Complainant.
As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and
Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. Though the
mediation was settled between the parties by the both family, but the Opposite party did not
complied that. BLAST has accepted the Complaint for Mediation. A Notice/Letter has been
served by BLAST against the Opposite Party to appear and defend the case.
First Hearing
The date was fixed for mediation, and the both parties were present. After first hearing, opposite
party has agreed to continue his conjugal life with his desire wife. A further date has been fixed
by BLAST for further decision.
Second Hearing
The date was fixed for mediation, but the Opposite Party does not appear. As a result, a
Notice/Letter has been re-issued against to the Opposite Party to appear.
Third Hearing and Final Mediation/Settlement
The date was also fixed for mediation, and the both parties were present. The Complaint has
been mediated between the parties. Opposite party prayer for further time, but BLAST refused
to granted time and the Opposite party agreed upon on it.
Decision of the Complaint
 Opposite party has agreed to continue his conjugal life with his wife peacefully.
 He also agreed that he will bear all maintenance of his wife and he also cost for family
maintaining during their conjugal life.
 No physical or mental tortured shall be made against the Complainant.
 No drug or drink shall be made by him.
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CHAPTER 10
CASE STUDY
10.7 Ahmed Hossen vs Abul Kalam and Others
The complaint was filed by the Complainant Ahmed Hossen against the Opposite party Abul
Kalam and Others for the declaration of title over the disputed immovable property.
Fact of the Complaint
Ahmed Hossen occupied total 51 shatak land by the process of inheritance. His name was
recorded in B. S khatiyan and he was in the possession of the whole land peacefully. But the
opposite party and his brothers dispossessed the Complainant from the land and build a
boundary wall. They claimed that the land was recorded their name in R. S khatiyan and they
are the original owner of the land. Later, Complainant collect Certificate Copy from the Sub-
Register Office and came to know that during the R. S. Khatiyan operation 31 shatak land was
registered wrongfully in the name of the opposite party and his brothers. Complainant claims
the 31 shatak land, but the Opposite party refused to give the land. As a result, the
Complainant brought the complaint before the Bangladesh Legal Aid and Services Trust
(BLAST) and BLAST has accepted the Complaint for Mediation. A Notice/Letter has been
served against the Opposite Party to appear and defend the complaint.
First Hearing
The date was fixed for mediation. Opposite Party does not appear. A Notice/Letter has been re-
issued against the Opposite Party to appear and defend the case.
Second Hearing
The date was also fixed for mediation, and both parties were present. After a long time
arguments, the Opposite party has failed to provide necessary documents and other
requirements. Opposite party prayer for time for further decision and to produce documents
and BLAST has granted the time.
Third Hearing
The date was fixed for mediation, but the Opposite party does not appear. A Notice/Letter has
been re-issued against the Opposite Party to appear with their decision.
Fourth Hearing and Final Mediation/Settlement
The date was fixed for final settlement and the both parties were present. Complainant
submitted all documents related with the disputed, but the Opposite part has failed to produce
all necessary documents.
Decision of the Complaint
 Opposite party has agreed to return the possession of the disputed land and never claim the 31
shatak land.
 Opposite party will co-operate for the filing the suit for Rectification of R. S. khatiyan.
 Opposite party claims the total cost of boundary wall so build outside the land and the
Complainant has agreed upon on it.
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CHAPTER 10
CASE STUDY
10.8 Md. Kamal vs Sheuli Akter
A complaint was filed by the Complainant Md. Kamal against his wife Sheuli Akter for divorce,
but he refused to pay money of den mahar, on the ground of his wife's immorality and an extra
marital affair.
Fact of the Case
The Complainant married to opposite party on 21/04/20156 with 2,00,000 taka den mahar. After
marriage, Complainant came to know that before Opposite Party had 4 marriages and all
marriages are dissolved through the divorce. The Complainant decided to stay alone from his
wife and wants to give divorce. Complainant also noticed that his wife has involved an extra
marital affair. As a result he also decided not to provide any maintenance and dower/mahar.
As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and
Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. Though the
mediation was trying to settle between the parties by the Local Authority (Ward Commissioner),
but the Opposite party did not comply the mediation and the Local Authority has suggested to
the Complainant for Litigation. A Notice/Letter has been served by the BLAST against the
Opposite Party.
First Hearing
The date was fixed for mediation and both parties were present. In the mediation session,
opposite party claim his due maintenance and den mahar money, but the Complainant refused.
The Mediator informed to the Complainant, he must pay den mahar. Complainant wants time
and the time has been given for further decision.
Second Hearing
The date was also fixed for mediation and both parties were present. Complainant agreed to give
only 1,00,000 as den mahar, but the opposite party claims full amount of money. A further time
has been given to Complainant for further decision, how he would pay the den mahar.
Third Hearing and Final Mediation/Settlement
The date was also fixed for mediation. Complainant claimed his wife is an immoral and she has
an extra marital affair, but the opposite party refused. Later, Complainant agreed to pay full
amount of den mahar.
Decision of the Mediation
1. Upon the request of the Complainant, Tk. 20,000 has been to opposite party by the
Complainant as amount of den mahar.
2. Remaining amount of money will be paid subsequently in every month.
3. After paying full amount of den mahar, both parties does not claim any rights or bear any
liabilities each other and they will passing their life as their own wishes or independently.
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CHAPTER 10
CASE STUDY
10.9 Abdul Halim vs Md. Arifur Rahman and Others
The complaint was filed by the Complainant Abdul Halim against the Opposite party Md. Arifur
Rahman and Others for the declaration of title over the 40 satak land.
Fact of the Complaint
The Complainant states that in his complaint he occupied total 40 shatak land by the process of
inheritance. His name was recorded in R. S and B. S khariyan and he was in the possession of
the whole land peacefully for the long time. But the opposite party along with his brothers
claims 20 satak land from the Complainant's land and build a boundary wall. They claimed that
the land was recorded their name in R. S khatiyan and they are the original owner of the land.
Later, Complainant collect Certificate Copy from the Sub-Register Office and came to know
that during the R. S. and B. S khayiyan was recorded in the name of the Complainant, but the
opposite party refused it. They claimed, they have original deed and khatiyan.
As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and
Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. A
Notice/Letter has been served against the Opposite Party to appear and defend the complaint.
First Hearing
The date was fixed for mediation. Opposite Party does not appear. A Notice/Letter has been re-
issued against the Opposite Party to appear and defend the case.
Second Hearing
The date was also fixed for mediation, but the opposite party does not appear. Upon the request
of the Complainant, final Notice/Letter has been re-issued against the Opposite Party to appear
and defend the case.
Third Hearing
The date was fixed for mediation and both parties were present. In the mediation both parties
claims the whole disputed land. After a long time arguments, the Opposite party has failed to
provide necessary documents and other requirements. Opposite party prayer for time for further
decision and to produce documents and BLAST has granted the time.
Fourth Hearing and Final Mediation/Settlement
The date was fixed for final settlement and the both parties were present. Complainant produced
all documents related with the disputed, and the Opposite part has also produced documents.
After the final arguments it’s appear that the opposite party entitles only 5 sataks land from the
disputed land. Finally both parties are reached their decision.
Decision of the Mediation
1. Complainant has agreed to give 5 sataks land to the opposite party, and the opposite party
will withdraw the boundary from the disputed land.
2. Complainant shall co-operate to the opposite party for the filing of suit for declaration of
title in the name of the opposite party over the disputed land.
3. Both parties does not claim any other portion without their own land or portion.
Continue Page-39
Page-39
CHAPTER 10
CASE STUDY
10.10 Sonia Akter vs Md. Mazid
A complaint was filed by the Complainant Sonia Akter against her husband Md. Mazid for her
den mahar.
Fact of the Case
Complainant was married to opposite party on 19/03/2017 with 9,00,000 taka den mahar. After
marriage, opposite party did not maintain communication with the Complainant and he did not
provide any maintenance. Later, opposite party physically tortured to Complainant, and the
Complainant went her parent’s house. Few days later, Opposite Party came to Complainant's
house and brought her to his house. After passing few days, he started the same against her wife
and the Complainant went her parent’s house again. From that time, Opposite Party does not
bear any maintenance of the Complainant.
As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and
Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. BLAST has
accepted the Complaint for Mediation. A Notice/Letter has been served by BLAST against the
Opposite Party to appear and defend the case.
First Hearing
The date was fixed for mediation, and the both parties were present. After first hearing, Opposite
party has agreed to continue his conjugal life with his desire wife. A further date has been fixed
by BLAST for further decision.
Second Hearing
The date was fixed for mediation, but the Opposite Party does not appear. Opposite party starts
again torture to the Complainant. As a result, a Notice/Letter has been re-issued against to the
Opposite Party to appear.
Third Hearing and Final Mediation/Settlement
The date was also fixed for mediation, and the both parties were present. The Complaint has
been mediated between the parties. Opposite party prayer for further time, but BLAST refused
to granted time and the Opposite party agreed upon on it.
Decision of the Mediation
1. Opposite party agreed on the mediation and agreed to give den mahar.
2. Tk. 9,00,000 has been paid in favor of the Complainant by the opposite party through pay
order, in the presence of mediator and both parties relatives.
3. 3. Divorce has been made on that day in the presence of Kazi and others official of
BLAST.
4. No relation shall be existed between both parties after effective of divorce.
Continue Page-40
CHAPTER 11 Page-40
11.1 WHERE THE BLAST WORKS?
Continue Page-41
Page-41
CHAPTER 12
JUDGMENTS OF BLAST
Bangladesh Legal Aid and Services Trust (BLAST) has also filed about 82 PIL (Public
Interest Litigation) cases before the Supreme Court of Bangladesh (SCB) as part of its
Advocacy for Law and Policy reforms to address institutional obstacles to Justice delivery.
Following are the major PIL, so filed by the BLAST:
1. Name of the Parties: Government of Bangladesh represented by Secretary, Ministry of Finance,
Bangladesh Secretariat, Ramna, Dhaka (Appellant) Vs Rangamati Food Products Ltd. and others
(Respondents)
Issues: CHT
Date of Judgment: 22nd November, 2016.
Writ Petition Number: CIVIL APPEAL NO.08 OF 2008.
2. Name of the Parties: Ministry of Law Justice and Parliamentary Affairs and others V Bangladesh
Legal Aid and Services Trust
Writ Petition No. Civil Appeal No. 53 of 2004
3. Name of the Parties: Campaign for Popular Education (CAMPE) & Bangladesh Legal Aid and
Services Trust (BLAST) v Bangladesh, represented by Senior Secretary, Ministry of Education, and
Others.
Writ Petition No. 312 of 2012
Issues: Right to Education.
Law: Article 44 and 102 of Constitution of the People’s Republic of Bangladesh;
4. Name of the Parties: Bangladesh Legal Aid and Services Trust (BLAST) and ors vs Govt. of
Bangladesh and ors Civil Appeal No. 116/2010
Issue: Right to Fair Trial
Law: Constitution of Bangladesh, Nari O Shishu Nirjaton (Bishesh Bidhan) Ain, 1995 [the Violence
against Women and Children (Special Provisions) Act] and Nari O Shishu Nirjaton (Bishesh Bidhan)
Ain, 2000
5. Name of the Parties: Aberchai Mog and others vs. Joint District Judge, Khagrachari and others
Writ Petition No. 2829 of 2006 and Writ Petition No 3285 of 2009
Issue: Adivashi Rights
Law: Constitution of Bangladesh; Chittagong Hill-Tracts Regulation (Amendment) Act, 2003;
Chittagong Hill-Tracts Regulation, 1900 (Regulation 1 of 1900);Khagrachari Parbotyo Jela Parishad Ain
1989, Three (3) Hill District Councils Act 1989, Chittagong Hill Tracts Land Disputes Resolution
Commission Act 2001.
Reported: 19 BLC (HCD) (2014) 358
6. Name of the Parties: Bangladesh Legal Aid and Services Trust and others vs Bangladesh and
others [Corporal Punishment Case]
Writ Petition No. 5684 of 2010
Issue: Children's Rights
Law: Constitution of Bangladesh
© Judgment: https://www.blast.org.bd/judgements
Continue Page-42
Page-42
CHAPTER 12
JUDGMENTS OF BLAST
7. Name of the Parties: Bangladesh Legal Aid and Services Trust and others vs Bangladesh and
others
Writ Petition No. 718 of 2008
Issue: National Building Code, 2006
Law: Constitution of Bangladesh
8. Name of the Parties: BLAST and another vs. Bangladesh and others ['Shukur Ali' Case]
Writ Petition No. 8283 of 2005
Issue: Children's Rights
Law: Constitution of Bangladesh
9. Name of the Parties: Bangladesh Legal Aid and Services Trust and others vs Bangladesh and
others [‘Fatwa’ Case]
Writ Petition No. 5863 of 2009 with Writ Petition No. 754 of 2010 and Writ Petition No. 4275 of 2010.
Issue: Women's Rights
Law: Constitution of Bangladesh
Keywords: Imposition of Extra-Judicial Punishment, Legal Penalties in the Name of Islamic
Sharia/Fatwa, Right to Freedom from Cruel, Inhuman and Degrading Punishment, Violence Against
Women, Abusive Exercise of Powers, Unreasonable Remand, International Legal Prohibition of
Torture, Ill Treatment.
10. Name of the Parties: Advocate Md. Salahuddin Dolon vs. Bangladesh
Writ Petition No. 4495 of 2009
Issues: Women's Rights
Law: Constitution of Bangladesh;
11. Name of the Parties: Bangladesh Legal and Services Trust vs. Bangladesh and others
Writ Petition No. 4191 of 1998
Issues: Children's Rights; Right to Liberty
Law: Constitution of Bangladesh; Special Powers Act, 1974
Reported: 4 BLC (HCD) (1999) 600
Keywords: Code of Conduct, Law Enforcement Officials, Judicial Review of Executive Acts, Custodian
of Guaranteed Rights, Protection of Fundamental Rights Through Process of Law, Supremacy of the
Constitution, Rule of Law, Right to Award Monetary Compensation, Ineffectiveness of Police Force,
Freedom from Police Atrocities, Right to Life, Abuse of Provisions on Detention, Safeguarding the
Public Interest, Infringement of Fundamental Rights, Excess of Authority, Abuse of Power by Law
Enforcement Agencies.
12. Name of the Parties: Dr. Mohiuddin Farooque, being dead, his sustitute Mrs. Syeda Rezwana
Hasan vs. Bangladesh and other
Writ Petition No. 1694 of 2000
Issues: Right to Safe and Healthy Environment
Law: Constitution of Bangladesh;
Reported: Reported in 22 BLD 345
© Judgment: https://www.blast.org.bd/judgements
Continue Page-43
Page-43
CHAPTER 12
JUDGMENTS OF BLAST
13. Name of the Parties: Bangladesh Legal Aid and Services Trust and another vs. Bangladesh and
others
Writ Petition No. 1341 of 2000
Issues: Children’s Rights; Right to Fair Trial
Law: Constitution of Bangladesh; Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995; Children Act,
1974; Code of Criminal Procedure, 1898
Reported: 22 BLD (HCD) (2002) 206
Keywords: Supremacy of the Constitution, Rule of Law, Trial of Children, Jurisdiction of Juvenile
Court, Confessional Statement Through Coercion and False Promise, Trial of Juvenile Offenders,
Arrest, Detention and Trial of Juvenile Offenders
14. Name of the Parties: Bangladesh Legal Aid and Services and Trust and others vs. Bangladesh
and others
Writ Petition No. 3806 of 1998
Issues: Right to Life, Right to Freedom from Torture and Arbitrary Police Action
Law: Constitution of Bangladesh, Code of Criminal Procedure, 1898; Penal Code, 1860; Evidence Act,
1872; Police Act, 1861
Reported: 55 DLR (HCD) (2003) 363
Keywords: Abusive Exercise of Powers, Colourable Exercise of Powers, Violation of Fundamental
Rights, Unreasonable Remand, Powers of Arrest and Investigation within the Limits of the Law,
Safeguards to Arrest, Custodial Death, Fundamental Right to Life and Liberty, Torture, Cruel, Inhuman
and Degrading Punishment, Breach of Public Duty by the State, Right to Consult and Defend.
15. Name of the Parties: Bangladesh Legal Aid Services Trust and others vs. Bangladesh and others
Writ Petition No. 7578 of 2003
Issue: Children's Rights; Right to Fair Trial
Law: Constitution of Bangladesh; Code of Criminal Procedure, 1898; Penal Code, 1860; Children Act,
1974
Reported: 57 DLR (HCD) (2005) 11
Keywords: Prisoner's Rights, Child Rights, Children's Rights, Right to a Fair Trial, Under Trial Person,
Personal Liberty, Speedy Trial, Juvenile Accused, Juvenile Court
16. Name of the Parties: Bangladesh Legal Aid and Services Trust vs. Bangladesh (Secretary,
Ministry of Health and Family Welfare) and others
Writ Petition No. 1043 of 1999
Issue: Right to Health; Accountability and Institutional Reform
Law: Constitution of Bangladesh; Iodine Deficiency Diseases Prevention Act, 1989; Iodine Deficiency
Diseases Prevention Rules, 1994
Reported: 25 BLD (HCD) (2005) 83
Keywords: Right to Health, Accountability and Institutional Reform, Iodized Salt, Consumer Rights,
Edible Salt, Cretinism, Goitre
© Judgment: https://www.blast.org.bd/judgements
Continue Page-44
Page-44
CHAPTER 12
JUDGMENTS OF BLAST
17. Name of the Parties: Bangladesh Legal Aid and Services Trust vs. Bangladesh (Secretary of Law,
Justice and Parliamentary Affairs) and Another
Writ Petition No. 4502 of 2003
Issue: Access to Justice; Accountability and Institutional Reform
Law: Constitution of Bangladesh; Gram Sarkar Ain (Village Government Act), 2003 (Act VI of 2003);
Local Government Ordinance, 1982 (Ordinance No. LIX of 1982)
Reported: 60 DLR (HCD) (2008) 234
18. Name of the Parties: Bangladesh Legal Aid and Services Trust vs. Bangladesh (Secretary,
Ministry of Post and Telecommunications) and others
Writ Petition No. 2060 of 2001
Issue: Accountability and Institutional Reform
Law: Constitution of Bangladesh; Members of Parliament (Salaries and Allowances) (Amendment) Act,
1992; Telegraph Act, 1985
Reported: 60 DLR (HCD) (2008) 177
19. Name of the Parties: Bangladesh Legal Aid and Services Trust and others vs. Bangladesh and
others
Writ Petition No. 1534 of 1999
Issue: Accountability and Institutional Reform
Law: Constitution of Bangladesh; Town Improvement Act, 1953
20. Name of the Parties: Bangladesh Legal Aid and Services Trust and others vs. Bangladesh and
others [ Gudaraghat Basti Case]
Writ Petition No. 5915 of 2005
Issue: Right to Shelter
Law: Constitution of Bangladesh, East Pakistan Government Land and Building (Recovery of
Possession) Ordinance, 1970
Reported: 13 BLC (HCD) (2008) 384
21. Name of the Parties: Bangladesh Legal Aid and Services Trust vs. Secretary, Ministry of Law,
Justice and Parliamentary Affairs
Writ Petition No. 606 of 2006
Issue: Access to Justice; Adivasi Rights; Accountability and Institutional Reform
Law: Constitution of Bangladesh; Chittagong Hill-Tracts Regulation (Amendment) Act, 2003;
Chittagong Hill-Tracts Regulation, 1900 (Regulation 1 of 1900); Nari-O-Shishu Nirjatan Daman Ain,
2000 [Suppression of Violence against Women and Children Act]
Reported: 61 DLR (HCD) (2009) 109
22. Name of the Parties: Ayesha Khanam and others vs. Bangladesh, represented by Secretary,
Cabinet Division, Bangladesh Secretariat, Dhaka and others
Writ Petition No. 3974 of 2004
Issue: Women’s Rights
Law: Constitution of Bangladesh, Article 65(3)
Reported: 11 MLR (AD) (2006) 237
© Judgment: https://www.blast.org.bd/judgements
Continue Page-45
Page-45
CHAPTER 13
13.1 CONCLUSION
At the end of my Report, I would like to pay thanks to our University Authority and Law
Department, as well as Bangladesh Legal Aid and Services and Trust (BLAST) Chittagong Unit
for arranging such training program under the Externship.
A summary description of activities of BLAST has been included and described in my Report.
In my Report, I have described the basic Structure, Functions, Mediation Proceedings and
important information's relating to the BLAST. Total 6 (six) Cases have been included in my
Report, and the Cases have been Mediated by the BLAST through its Mediation process. Cases
studied, so included in my Report, have been studied personally during the Externship program
in BLAST. Along with these 6 (six) cases, personally I have studied more than 20 cases, which
are accepted as Complaints by the BLAST. Most of the Cases are already Mediated, some are
waiting for Mediation, and few number of Cases goes to Litigation which will be defended by
the Panel Lawyers of BLAST.
From this Externship training, I have come to know that the BLAST has successful ratings in
Meditation process. BLAST has gained proven expertise in providing Legal Aid to poor and
disadvantaged clients, having undertaken some 57,467 cases to date. Over the years, out of
1,15,182 Applications received for Legal Assistance, BLAST responded to 20,133 Applications
by resolving them through Mediation. It has also filed about 82 PIL (Public Interest Litigation)
cases before the Supreme Court of Bangladesh (SCB) as part of its Advocacy for Law and
Policy reforms to address institutional obstacles to Justice delivery.
As a Law student, it was very essential for me to practice or training in Legal Aid NGO's, and
our University Authority and Chittagong Unit Office, BLAST has fulfilled our essential.
Personally, I think it would be more helpful for us, if our University Authority has arranged
more practical and training session in any other Legal Aid Organization over the country. It was
a great achievement and experience for me. Without having permission by our University
Authority and BLAST Unit Office, it would not be possible for me to get such opportunity.
As a trainee or practitioner, I am tried to my best to fulfill the requirements are necessary under
the Externship Course. If any mistake or wrong are found, kindly let me know and I shall be
inspired. Otherwise I believe that by committing some or a single mistake, the main purpose of
my Report shall not be failed.
Thank you very much and I shall be highly encouraged if you are kind enough to receive
this Report.
ARNAB DAS | Email: arnab@legislator.com & arnabLaw@outlook.com| www.facebook.com/arnabLaw
www.slideshare.net/arnabbd/presentations | www.twitter.com/arnabLaw

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Externship Report | BLAST

  • 1. COURSE CODE: “EXT 459” COURSE TITLE: “EXTERNSHIP WITH NGO’s” DATE OF SUBMISSION: AUGUST 10, 2017 SUBMITTED BY: SUBMITTED TO: ARNAB K DAS ID: LLB 00305037 Department of Law Port City International University Email: arnab@legislator.com Mrs. MUNSI NIGAR AMIN Lecturer, Department of Law Port City International University Email: nigar.amin92@gmail.com Remarks/Grade CC/CT Signature: Date: August 10, 2017 Student Signature/Date: Report submitted for the fulfillment of the requirements for the Course of the “EXT 459 - Externship with NGO’s” under the Program of Bachelor of Laws (LL. B. Hon's) at Port City International University, South Khulshi, Chittagong, Bangladesh. SUBMISSION OF REPORT
  • 2. evsjv‡`k wjM¨vj GBW GÛ mvwf©‡mm Uªv÷ (eøv÷) Name of the NGO: Bangladesh Legal Aid and Services Trust (BLAST) Address/Office: Chittagong Unit Office, BLAST. Zilla Parishad Bhaban, District Judge Court Road, Kotowali, Chittagong. Phone: 880-31-630578 & 880-31-630578 Email: chittagongunit@blast.org.bd Date of Workshop/Externship: July 16 - July 20, 2017 Coordinator: Mr. Md. Rezaul Karim Chowdhury Advocate, High Court Division, Supreme Court of Bangladesh Staff Lawyer: Mrs. Miskatut Tanjima Azim Advocate, High Court Division, Supreme Court of Bangladesh Other Officials: 05
  • 3. APPLICATION FOR SUBMISSION OF REPORT August 12, 2017 Mrs. Munsi Nigar Amin Lecturer & Course Conductor Externship with NGO’s Department of Law Port City International University South Khulshi, Chittagong, Bangladesh Subject: Submission of Externship Report. Dear Madam, This Report is the outcome of the report under the Bachelor of Laws (LL. B. Hon's) of Port City International University, Chittagong, Bangladesh. I am highly pleased to submit my Externship Report on “Bangladesh Legal Aid and Services Trust (BLAST)”, which you assigned to me as a requirement of LL. B. program under your course EXT 459 - Externship with NGO’s. It is great pleasure for me to present you this report and I have prepared my report on the basis of workshop in the Bangladesh Legal Aid and Services Trust (BLAST). I will be very glad if the report can serve its actual purpose and I am ready to explain anything to you if necessary. If you have any further enquiry concerning any additional information I would be very pleased to clarify that. I shall be highly encouraged if you are kind enough to receive this report. Sincerely Yours, ARNAB KUMAR DAS ID: LLB 00305037 Department of Law Port City International University Email: arnab@legislator.com
  • 4. CHAPTER 1 INTRODUCTION Introduction Topics to be discussed Page Remarks 1.1: Acknowledgement 1.2: Purpose of Externship 1 2 CHAPTER 2 BANGLADESH LEGAL AID AND SERVICES TRUST (BLAST) Bangladesh Legal Aid and Services Trust (BLAST) Topics to be discussed Page Remarks 2.1: Bangladesh Legal Aid and Services Trust (BLAST) 3 2.2: History of BLAST 4 2.3: Mission & Vision of BLAST 4 Photo (Safe Clinic and Hunan Rights) 5 2.4: Objectives of BLAST 6 Photo (Our Rights and the Role of the Police in Democratic Society and Rights Awareness Session) 7 2.5: Programs of BLAST 8 Photo (UNCRPD Shadow Report) 9 2.6: Projects of BLAST (Current Projects) 10 Photo (Rana Plaza Claims Administration) 11 2.7: Projects of BLAST (Ended Projects) 12 2.8: Access to Justice 13 Photo (Rights Awareness Session in Balukhali, Rangamati and Calling for an end to Child Marriage 14
  • 5. CHAPTER 3 PERSONAL EXPERIENCE Personal Experience Topics to be discussed Page Remarks 3.1 Experience on Team Work and Team Leader (TL) 15 CHAPTER 4 PROCEDURE OF MEDIATION PROCESS Procedure of Mediation Process Topics to be discussed Page Remarks 4.1: Procedure of Mediation Process 16 4.2: Complaint by Complainant 16 4.3: Record the Complaint into the Complaint Registered Book 16 4.4: Complaint Identification/ Registration Number 17 4.5: Notice/Letter 17 4.6: Service of Notice/Letter 18 4.7: Modes of Service of Notice/Letter 19 4.8: CMS- Complaint Registered in Online 20 4.9: Daily Complaint Registered 20 4.10: Mediation Session 20 4.11: Final Mediation (Successful/Unsuccessful) 21 CHAPTER 5 CHITTAGONG UNIT OFFICE Chapter/Name Topics to be discussed Page Remarks Chittagong Unit Office 5.1: Activities of Chittagong Unit Office 22-23
  • 6. CHAPTER 6 ACTIVITIES OF BLAST UNIT OFFICES Activities of BLAST Unit Offices Topics to be discussed Page Remarks 6.1: Unit Wise Application 24 6.2: Category Wise Application 25 6.3: Unit Wise Money Recovered 26 CHAPTER 7 FUNCTIONS OF BLAST Functions of BLAST Topics to be discussed Page Remarks 7.1: Functions of BLAST 27 CHAPTER 8 EFFECTS OF MEDIATION BY BLAST Effects of Mediation by BLAST Topics to be discussed Page Remarks 8.1: Positive Sides of Mediation by BLAST 28 8.2: Negative Sides of Mediation by BLAST 29 CHAPTER 9 CRITICAL ANALYSIS Topics to be discussed Page Remarks 9.1: Critical Analysis 30
  • 7. CHAPTER 10 CASE STUDY Chapter- 10 Case Study Topics to be discussed Page Remarks 10.1: Ranu Rani Roy vs Subrata Roy 31 10.2: Sima Akter vs Jasim Uddin 32 10.3: Subal Das vs State 33 10.4: Mahbub Islam vs State 33 10.5: Sharmin Akter vs Abdul Malik 34 10.6: Sharmin Akter vs Abdul Malik 35 10.7: Ahmed Hosen vs Abul Kalam 36 10.8: Md. Kamal vs Sheuli Akter 37 10.9: Abdul Halim vs Arifur Rahman 38 10.10: Sonia Akter vs Md. Mazid 39 CHAPTER 11 WHERE THE BLAST WORKS Topics to be discussed Page Remarks 11.1: Where the BLAST Works 40 CHAPTER 12 JUDGMENTS OF BLAST Topics to be discussed Page Remarks 12.1: Judgments of BLAST 41-44 CHAPTER 13 CONCLUSION Topics to be discussed Page Remarks 13.1 Conclusion 45
  • 8. CHAPTER 1 1.1 ACKNOWLEDGEMENT I, ARNAB KUMAR DAS, ID: LLB 00305037, student of Bachelor of Laws, 11th trimester of Port City International University, Chittagong, Bangladesh would like to pay my sincere gratitude towards our Course Conductor Mrs. Munsi Nigar Amin for arranging our “Externship in Bangladesh Legal Aid and Services Trust (BLAST)” on Sunday; July 16, 2017 for the purpose of understanding its organization and functioning and current activities. I am also thankful to Mrs. Miskatut Tanjum Azim (BLAST Staff Lawyer) and other Officials of BLAST Chittagong Unit Office to make me understand the role and functions of Bangladesh Legal Aid and Services Trust (BLAST) in a much practical perspective. ARNAB KUMAR DAS Date: August 12, 2017 Continue Page-2
  • 9. Page-2 CHAPTER 1 1.2 PURPOSES OF EXTERNSHIP 1 The first known use of the term “Externship” dates back to 1945. However, until recently most students were entirely unfamiliar with the concept, and many people still don’t know what they are, or why they’re important. Similar to an apprenticeship or internship, an externship is typically a training program offered by educational institutions and private businesses that give students brief practical experiences in their field of study. 2 Lafayette established its externship program over 30 years ago and today, the externships range from two to five days in length, The other major difference between Externships and Internships are that Externships typically are unpaid and the student usually doesn't receive school credit for their experience. Networking is often overlooked, so tap into it and land your next Externship. The purpose of the externship is to gain first-hand insight into a career or industry of interest. Strictly a job shadowing program in the past, over the last few years it has been added hosts in graduate and professional school, so that as a student we can gain first-hand insight into these types of paths as well. For the host, the externship program provides an opportunity to support us, by sharing our time and talent. In many cases, through serving as hosts, alumni are able to “pay forward” the support we received from other alumni during their time as a student. 3 An externship often varies by institution or organization. “If I had to speak generally, I would say that an externship is considered an opportunity for students to gain insight and knowledge in a particular career field of interest. Externships are valuable career learning experiences in that they provide the opportunity for students to see first-hand what the day-to-day work activities and responsibilities are in various professions and industries.” Kurzawa also believes that a majority of incoming freshman have never heard of an externship. 4 They are critical. During their externships, students will often become involved in projects, sit in on meetings, and meet other members of the organization, she says. “Not only do students get to see the career area first-hand, but they also have the opportunity to ask their host and others questions that they have about the role or industry, through informational interviewing. This allows the student to get a true picture of the context of the work, real-life challenges, and the structure of a typical work day or week.” 1 According to Merriam-Webster's dictionary 2 Said Schultz 3 Tiffany Kurzawa, an assistant director at the Center for Career Development at Gettysburg College 4 Schultz says Continue Page-3
  • 10. Page-3 CHAPTER 2 2.1 BANGLADESH LEGAL AID AND SERVICES TRUST (BLAST) Bangladesh Legal Aid and Services Trust (BLAST) is one of the leading legal services organizations in Bangladesh, and the only one that provides access to legal aid across the spectrum, from the frontlines of the formal justice system to the apex court. It prioritizes support to women, men and children living in poverty or facing disadvantage or discrimination. It also provides legal aid, advice and representation across a range of areas, including civil, criminal, family, labor and land law, as well as on constitutional rights and remedies, providing access to judicial remedies alongside alternative dispute resolution wherever appropriate. Alongside individual legal aid, BLAST undertakes strategic litigation, or public interest litigation, as a key part of its advocacy for law and policy reforms to ensure effective legal protection of rights. Currently operating in 19 districts across the country, BLAST works through its staff lawyers (and paralegals and researchers) at headquarters and in each district unit, in collaboration with its enlisted panel of about 2300 lawyers across the country who provide legal redress to clients on a pro bono basis, with a nominal honorarium. A panel of lawyers practicing in the Supreme Court of Bangladesh also undertakes litigation and advocacy on law and policy reform. BLAST is governed by a Board of Trustees comprised of eminent jurists, lawyers and human rights advocates with experience in domestic and international protection of human rights, who provide critical leadership to the organization. It is also supported by a Consultative Group, comprised of young professionals, including researchers, lawyers, and human rights advocates. BLAST has gained proven expertise in providing legal aid to poor and disadvantaged clients, having undertaken some 57,467 cases to date. Over the years, out of 1,15,182 applications received for legal assistance, BLAST responded to 20,133 applications by resolving them through mediation. It has also filed about 82 public interest litigation cases before the Supreme Court of Bangladesh as part of its advocacy for law and policy reforms to address institutional obstacles to justice delivery. It regularly undertakes awareness programs on legal rights for community members in its areas of operation, including family laws, criminal law and land laws. It is also involved in regular coordination meetings with local administration officials, in particular with key actors within the justice system, including members of the judiciary and legal profession, and with civil society organizations. Continue Page-4
  • 11. Page-4 CHAPTER 2 2.2 HISTORY OF BLAST The idea for a national organization that could utilize lawyers around the country to provide pro bono services was raised at a national conference of lawyers held by the Bangladesh Bar Council in 1992. Bangladesh Legal Aid and Services Trust (BLAST) was established in 1993 as a free legal services organization with a Board of Trustees comprising eminent jurists, lawyers, and former judges of the Bangladesh Supreme Court. After beginning operations at five offices in 1994, BLAST grew rapidly and now it has 19 unit offices in addition to the head office in Dhaka. BLAST operates at the frontlines of the legal system, from the magistrate courts right up to the Supreme Court. It is the only legal services group to provide advice and assistance in criminal, family, civil, land and constitutional law matters. When founded, BLAST focused on providing legal aid, but it soon broadened its mandate to include alternative dispute resolution, public interest litigation, and legislative advocacy, providing a comprehensive approach to justice for marginalized and vulnerable persons. BLAST has undertaken significant public interest litigation on criminal justice, economic and social rights and equality issues. BLAST’s most recent work includes litigation regarding extrajudicial killing, women's rights, Adivasi rights, and rights of persons with disabilities. 2.3 MISSION OF BLAST BLAST’s mission is to make the legal system accessible to the poor and the marginalized. 2.4 VISION OF BLAST BLAST envisions a society based on the rule of law in which every individual, including the poor, marginalized and excluded, in particular women, children, peoples with disabilities, adivasis, and dalits, have access to justice and in which their human rights are respected and protected. Continue Page-5
  • 12. Page-5 A legal facilitator delivering legal advice to a client at a SAFE clinic. Human Rights are for everyone, always, everywhere: Marking International Human Rights Day 2014 at the Supreme Court Gate Continue Page-6
  • 13. Page-6 CHAPTER 2 2.5 OBJECTIVES OF BLAST In view of the above vision and mission statement, BLAST's specific objectives are: (i) To provide free legal aid and to undertake public interest litigation and advocacy activities to ensure that opportunities for securing justice are not denied to any person for any reason; (ii) To administer a trust fund for establishing and maintaining legal aid and services units supported by the grants from the Trust; (iii) To establish legal aid/assistance and human rights protection units in the bar associations and in different localities of the country, including rural areas; (iv) To conduct special training programs through which relevant skills and expertise can be imparted to lawyers, activists and others; (v) To coordinate the activities of the units with other organizations, including NGOs working in related fields; (vi) To publish original research articles and reports about matters useful to lawyers; (vii) To promote improved legal education, including awareness of responsibility for providing legal aid to disadvantaged persons, and to promote, establish and maintain national institutions for legal education; (viii) To organize seminars, symposiums and extension lectures on various law subjects for advocates, teachers, law students, and to promote participation in international conferences, workshops, and training and educational programs. Continue Page-7
  • 14. Page-7 Advocate Firoz Ahmed, senior lawyer and icon of the human rights movement in Bangladesh, speaking at a workshop on ‘Our Rights and the Role of the Police in a Democratic Society’ in Khulna Continue Page-8 A field facilitator speaks to adolescents and young women at a rights awareness session
  • 15. Page-8 CHAPTER 2 2.6 PROGRAMS OF BLAST Most people in Bangladesh have limited access to either the formal or the informal justice system. This lack of access has particularly adverse effects for women, children and the marginalized, who face socioeconomic and cultural discrimination as well as exclusion, and have minimal avenues to voice their problems and seek redress. BLAST seeks to reach out to this section of society, raising their awareness and understanding of available rights, remedies and services, and seeking to ensure greater responsiveness to their needs from within the justice system.  Legal Aid BLAST’s core activities focus on legal aid (advice, referral, mediation, litigation and community awareness) for the poor and those who are marginalized, related research, advocacy (including public interest litigation) and communications to address discriminatory and arbitrary laws. We also undertake capacity building and training for key actors in the justice system.  Public Interest Litigation (PIL) Alongside individual legal aid, BLAST undertakes strategic litigation, or public interest litigation, as a key part of its advocacy for law and policy reforms to ensure effective legal protection of rights.  Capacity Building BLAST aims to improve access to justice by building the capacity of legal service providers and other actors in the justice sector. BLAST's activities in this area include staff training; capacity building for management committee members and panel lawyers; awareness programs for clients; capacity building on rights and collaborative events to strengthen justice delivery focused on the remedies available under particular laws or for particular groups.  Advocacy and Networking BLAST organises a number of advocacy meetings, workshops and seminars on a range of issues to not only facilitate changes in Bangladesh’s laws, but also increase discourse around issues of justice in Bangladesh. To ensure a just and accessible legal system in Bangladesh, it is also essential to forge and strengthen existing partnerships and strategic alliances in all our key areas of work. We work closely in formal and informal networks with other organizations and coalitions both nationally and locally, including on documentation research, investigation, advocacy and public interest litigation.  Research BLAST's research activities are complementary to its legal aid and public interest litigation and advocacy activities. BLAST conducted several small scale research studies on various issues, relating to its ongoing advocacy including implementation and follow up of Supreme Court judgments. Continue Page-9
  • 16. Page-9 Participant at a national consultation meeting on the UNCRPD shadow report Participant at a national consultation meeting on the UNCRPD shadow report Panelists at a national consultation meeting on the UNCRPD shadow report Continue Page-10
  • 17. Page-10 CHAPTER 2 2.7 PROJECTS OF BLAST BLAST undertakes complementary projects in addition to its core program to expand access to justice for the poor and marginalized people in Bangladesh. Our projects cover a wide spectrum of issue areas ranging from women’s health rights to actions to child protection. 2.7.1 CURRENT PROJECTS  Access to Justice for Realization of Human Rights and Advocacy for Empowerment of the Poor (A2J)  Access to Justice for the Marginalized through Community Legal Services (CLS)  Access to Legal Empowerment and Outreach (ALO)  Action for Security and Rehabilitation Initiative (ASR)  Activating Village Courts in Bangladesh (AVC)  Effective Participation for Transparent and Accountable Local Governance (EPT)  Improvement of the Real Situation of Overcrowding in Prisons in Bangladesh (IRSOP)  Increasing protection of women legal rights through mobile services (MLS)  Legal Reform for Ending Corporal Punishment in all Settings (ECP)  Legal Empowerment and Gender Diversity (LEG)  Producing the CRPD Shadow Report to bring about a greater engagement by the state and key social actors to the recognition of disability rights in Bangladesh (CRP)  Recognising Consent and Choice (RCC)  Worker Empowerment and Advocacy in the RMG Sector (WER)  Women’s Health Rights and Choices (SHOKHI) Continue Page-11
  • 18. Page-11 BLAST paralegals providing counseling to clients under the Rana Plaza Claims Administration BLAST paralegal providing assistance to client under the Rana Plaza Claims Administration Continue Page-12
  • 19. Page-12 2.8 PROJECTS OF BLAST 2.8.1 ENDED PROJECTS  Actions for Child Protection - Violence against children (ACP)  Community Awareness for Access to Justice (CAA)  Civil Society and Police Reform in South Asia (CHR)  Growing up Safe and Healthy: SAFE (SAF)  Justice and Safety for Workers after Rana Plaza (JSW)  Making it Work: Access to Justice for Persons in Disabilities in Bangladesh  (MIW)  Monitoring and Evaluation of Legal Empowerment Interventions (MELEI)  Pre-Counseling and Completion of Claims forms under the Rana Plaza Claims' Administration (RPC)  Strengthening Garment Workers’ Access to Legal Aid in Bangladesh (SGW)  Producing the CRPD Shadow Report to bring about a greater engagement by the state and key social actors to the recognition of disability rights in Bangladesh (CRPD)  Right to Worker and Consumer: Safety and Public Accountability in Bangladesh  Women in Justice (WIJ) Continue Page-13
  • 20. Page-13 CHAPTER 2 2.9 ACCESS TO JUSTICE Individuals in impoverished communities in Bangladesh struggle to gain access to both formal and informal justice systems. Obstacles are geographic, financial, cultural, religious, and gender based. Pervasive corruption and fear of repression or violence, as well as the absence of social support outside the family or community inhibit many from seeking violence. Many people are simply not aware of their rights or how or where to access remedies. In 2014 BLAST sought to address these issues by undertaking legal education and awareness programs, and providing legal aid to individuals and communities in need. It also continued to engage in consultations and to engage in advocacy seeking increasing responsiveness of justice sector actors to the rights of the poor and marginalized, while and building their capacity to better respond to the needs of those accessing the justice system.  Legal Aid BLAST’s core work focuses on providing legal aid. This is broadly defined to include advice, referral, mediation, litigation and education and awareness programmes on rights remedies and available services. The majority of BLAST’s clients are women, and many are from the poorest or most disadvantaged groups in society, including those facing multiple and intersectional forms discrimination on grounds of ethnicity, religion, caste, or disability. Many have no source of independent income, whereas others who may be economically independent lack the means and capacity to access secure remedies without free legal aid and assistance. In 2014 BLAST received 9,692 new applications for legal aid.  Mediation BLAST offers mediation services, a form of alternative dispute resolution, for settlement of disputes relating to family, land, financial, petty criminal, and labor matters. This legal service is often favoured over litigation due to its efficacy, cost effectiveness and expediency. In BLAST’s experience of delivering legal services, mediation is mostly utilized in cases relating to family law and labor law matters to claim economic entitlements. In 2014, BLAST settled a total of 2,151 applications through mediation, resulting in 4,302 direct beneficiaries and 21,510 indirect beneficiaries.  Litigation BLAST provides legal representation to individuals at all levels of the justice system, from the Village Courts to the Supreme Court, through its staff lawyers and its nationwide network of panel lawyers. By enabling the poor and the marginalized to access legal advice at no cost, we are trying to open up pathways to access justice. In 2014, BLAST instituted a total of 9557 cases, at all levels of the justice system. The number of cases pending remained at 19,741. Through litigation, BLAST enabled its clients to recover financial entitlements and compensation, primarily in family law disputes and labor law disputes. Thus, resolution of 605 family disputes, resulted in recovery of BDT 38,987,774 (USD 499,843) on behalf of clients. On the other hand arrears of wages recovered for workers amounted to BDT 11,580,794 (USD 148,471). Continue Page-14
  • 21. Page-14 Community Legal Services in Action: Rights Awareness Session in Balukhali Rangamati Prof. Zafar Iqbal and Prof. Yasmeen Haque join BLAST in calling for an end to child marriage Continue Page-15
  • 22. Page-15 CHAPTER 3 3.1 EXPERIENCE ON TEAM WORK/TEAM LEADER In this workshop, I was a member of Group B and performed as Team Leader (TL). From this workshop, personally I have experienced about the team work with my team members. I think team work is very essential for such type of training session or workshop in any organization. A good team work brings a good result. My team members were supporting and helping me in every situation, and I am very grateful to my team members. The trading session would not be completed without my team members. Although in some cases, there are some embracing situation are created and sometimes failed the main purpose of the team work, but in this training or workshop I have not suffering any problem as well as any unusual moment or activities. As a team leader its very glad full for me that no group member shall violates any rule, regulations and instructions imposed by our university authority and they have also complied my all orders and instructions. In general, Bangladesh Legal Aid and Services Trust (BLAST) dispose any matter so arises between two or more parties through mediation or arbitration process. BLAST is non-profit private lawful organization who provides legal aid/services without any cost. BLAST is bearing the cost of any parties who are pauper. Generally, BLAST mediates any matter according to the provisions of Code of Civil Procedure, 1908 (Act No. V of 1908), the Code of Criminal Procedure, 1898 (Act No. V of 1898) and any other law for the time being in force. Continue Page-16
  • 23. Page-16 CHAPTER 4 PROCEDURE OF MEDIATION PROCESS When a Complainant comes to Bangladesh Legal Aid and Services Trust (BLAST), a Staff of BLAST or any other person who is empowered or appoints for doing so listen actively to the complainant and shall be taken following steps: 4.1 Complaint by Complainant Every complaint made by the complainant shall be written in Complaint Registered Form and sign and verified by the complainant as well as BLAST Official Staff. Following information’s are mandatory to fill up the complaint Registered Form:  Necessary Documents, (i. e. Kabinanama, Birth Certificate of Complainant or his/her children, Talaq Paper, etc);  Name of the Complainant and Opposite Party;  Father and Mother Name of the Complainant and Opposite Party;  Age of of the Complainant and Opposite Party;  Present and Permanent Address of the Complainant and Opposite Party;  Profession of the Complainant and Opposite Party;  Monthly Income of the Complainant and Opposite Party;  Whether Complainant and Opposite Party married or unmarried, if married, is it registered or not;  Educational Qualification of the Complainant and Opposite Party;  Family Members of the Complainant and Opposite Party;  Land holding by the Complainant and Opposite Party;  Description of the Complaints, made by the Complainant 4.2 Record the Complaint into the Complaint Registered Book All Information’s of the Complainant and Opposite Party shall be recorded in writing in “Complaint Registered Form” shall also be recorded in writing in the “Complaint Registered Book” as well as Description of the Complaints. Continue Page-17
  • 24. Page-17 CHAPTER 4 PROCEDURE OF MEDIATION PROCESS 4.3 Complaint Identification/Registration Number After recording all information’s in the Complaint Registered Form and Complaint Registered Book, a Salish Card shall be issue and given to the complainant and following information shall be written in the Shalis Card:  Name of the Complainant and Opposite Party;  Registration Number (i. e. 234/2017);  Date of Complaint; and  Date of Appear of both parties 4.4 Notice/Letter When a complaint made by complainant duly recorded in writing in the Complaint Registered Form and Complaint Registered Book, a Notice/Letter shall be issued to the opposite party. Following information’s shall be writing in the Notice/Letter Form:  Name of the Complainant and Opposite Party;  Complaint Registration Number;  Summary of the complaint or Claims of Complainant;  Date of Complaint; and  Date and Time of Appear of both parties Continue Page-18
  • 25. Page-18 CHAPTER 4 PROCEDURE OF MEDIATION PROCESS 4.5. Service of Notice/Letter or Modes of Notice/Letter  Notice/Letter shall be issued and served according to the provisions of Section 27 and Order V of the Code of Civil Procedure, 1908 (Act No. V of 1908) in case of Civil nature, and Sections 68-74 of the Code of Criminal Procedure, 1898 (Act No. V of 1898) in case of Criminal nature.  Notice/Letter shall be issued to the party against whom the complaint has been registered, to appear and answer the complaints so registered against him on a date fixed by the BLAST. But no such notice shall be issued when the opposite party has appeared at the presentation of complaint and admitted the complainant complaints.  No service or other charge shall be taken from the both parties to delivering or tendering the Notice/Letter.  Notice/Letter shall be composed with complaint summary or claims of the complainant, so made by the complainant and a date fixed or time where the opposite party are required to be present. Continue Page-19
  • 26. Page-19 CHAPTER 4 PROCEDURE OF MEDIATION PROCESS 4.6 Modes of Service of Notice/Letter  Service of Notice/Letter shall be made by delivering or tendering a copy thereof signed by Staff Lawyer of the Bangladesh Legal Aid and Services Trust (BLAST) or any other person empowered or appoints by BLAST for doing so, and shall be sealed with the seal and signed of the BLAST Unit Office.  Every Notice/Letter shall be issued to the party or parties, to whom against the complaint has been registered and the Notice/Letter shall be in writing.  Notice/Letter shall be served through the post office with registered AD and no service charge shall be taken from any party.  Where there are several opposite parties more than one, service of the Notice/Letter may be made on each party separately or on a individual Notice/Letter, but it will be defend on complainant demand.  Where the serving officer delivers or tending a copy of the notice to the opposite party, or any other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service of Notice/Letter.  Where the opposite party or any other person on behalf of his refuses to sign the acknowledgement, or where the defendant is absent from his residence at the time when the service of Notice/Letter, and there is no person on his behalf to accept service of the notice, the Notice/Letter shall then return the original to the BLAST office from which it was issued, with a report endorsed thereon or annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the name and address of the person (if any) by whom the house was identified and in whose presence the copy was affixed.  From the end of BLAST, they have issued a Notice/Letter maximum two times, and in some cases in may be issued three more time, but it will be defended on the nature of the case or the interest or benefit of the parties who are involved with the matter.  After the Notice/Letter has duly served by complying all procedure, if the opposite party does not appear on date fixed by BLAST has advice to the complainant to institute a suit in the competent Court. Continue Page-20
  • 27. Page-20 CHAPTER 4 PROCEDURE OF MEDIATION PROCESS 4.7 CMS - Complaint Record in Online After the complaint has been recorded in the Complaint Registered Form and Complaint Registered Book, Serving Notice/Letter to the opposite party, and by complying others procedure all information’s of complainant and opposite party shall be recorded in the BLAST CMS, which will be stored for future and the BLAST authority can access the whole information from anywhere or anytime. In the CMS, every action of day by day shall be recorded. 4.8 Daily Complaint Registered In this book, every complainant on a date fixed shall be recorded in writing. (i. e. Registration Number: 123/2017 and the mediation date or time is 30/07/2017, both parties are required to be present on time or date fixed. When a mediation session has been completed a new date or time shall be given to the both parties. 4.9 Mediation Session  Both parties are required to be present on date or time fixed by the BLAST Unit Office. No Mediation Session shall be held upon non-appearing of any of the party.  If the party does not appear on date or time fixed, a Notice/Letter shall be re-issued against to him.  When both parties are present, a Staff Lawyer of BLAST will be performed as Mediator or Neutral and he/she will hear both parties complaint or claim and shall reached a decision upon the basis of complainant or opposite parties arguments or claims.  If the opposite party does not appear on the date fixed or time consecutive, the complaint or matter shall be sent to the competent Court for filing a Suit or Case upon regarding the matter with the consent of the complainant.  After the successful Mediation, every action shall be recorded in the BLAST CMS system. It will be stored for future and the BLAST authority can access the whole information from anywhere or anytime.  No charge or cost shall be made by BLAST from the both parties, and BLAST will bear the traveling allowance of the complaint. Continue Page-21
  • 28. Page-21 CHAPTER 4 4.10. Final Mediation (Successful or Unsuccessful)  Successful Mediation means, when both parties (Complaint and Opposite Party) reached their decision upon the basis of disputed matter arises between them, and they have decided to obey all terms and conditions imposed upon them by BLAST Unit Office.  After the successful Mediation, every action or step day by day shall be recorded in writing in Complaint File as well as BLAST CMS system. It will be stored for future and the BLAST authority can access the whole information from anywhere or anytime.  After successfully mediate a matter, all terms and conditions made by both parties upon their arguments shall the recorded in writing in the official document and the Complaint file. BLAST will preserve the documents or record for future evidence.  Both parties will under observation for a specific period or, time by the Staff or Representative of BLAST, or any other person empowered by BLAST for doing so.  After successful Mediation and complied all procedure, if any party does not comply or violates any terms and conditions, imposed upon him/her through Mediation process, a Notice/Letter shall be issued against him/her and shall be required to appear in prescribed place and time or BLAST Unit Office.  If the Mediation process is failed, the Complaint will be sent to competent Court for Litigation with the consent of Complainant.  Upon the request of Complainant or application made by the Complainant, BLAST will appoint a Lawyer for defending or performing the Litigation.  No charge or any other cost shall be taken form the Complainant for the purpose of Litigation.  Traveling allowance shall be given upon the basis of Complainant request or demand.  In case Dower and Maintenance money, Opposite party shall require to be present in BLAST Office, from where the matter has been disposed, to give money to the Complainant in the presence of Staff Lawyer of BLAST, or any other person who disposed the matter or, any other official of BLAST, and a Money Receipt shall be issued in the name of the opposite party. Otherwise, the Opposite party can pay the money into the Complainant Bank Account. Continue Page-22
  • 29. Page-22 CHAPTER 5 5.1 ACTIVITIES OF BLAST CHITTAGONG UNIT OFFICE In last 6 months, Bangladesh Legal Aid and Services Trust (BLAST) Chittagong Unit has a good record in Mediation process and almost they have 85% successful ratings. From the “Dashboard” of BLAST CMS followings information’s were found: Advise 5 Male Female 2 3 Only 2 Males and 3 Females were advised upon their requirements or query by the BLAST Unit Office, Chittagong. Application 699 Male Female 100 599 Till Thursday, July 20, 2017 total 699 complaints has been filed, where 599 complaints are filed by Female Victim and 100 complaints are filed by Male Victim. Mediation 527 Male Female 22 505 Till Thursday, July 20, 2017 total 527 complaints goes to Mediation process, where 505 Mediation are processed upon the complaint of Female Victim and only 22 Mediation are processed upon the complaint of Male Victim. © All information attached in this page are collected from BLST CMS System. Continue Page-23
  • 30. Page-23 CHAPTER 5 5.2 ACTIVITIES OF BLAST CHITTAGONG UNIT OFFICE Litigation 122 Male Female 46 76 When the Mediation process has failed, the complaint goes to the Litigation process upon the consent of the Complainant. In last 6 months, BLAST Unit Office in Chittagong only 122 complaints have been sent for Litigation, where 76 Litigation process are processed upon the complaint of Female Victim and 46 Litigation process are processed upon the complaint of Male Victim. Resolved 228 Mediation Litigation 221 7 In last 6 months in BLAST Chittagong Unit Office, total 228 complaints so made by complainant has been resolved till Thursday, July 20, 2017, where 221 complaints have been resolved through Mediation process and only 7 complaints have been resolved through Litigation process. © All information attached in this page are collected from BLST CMS System. Continue Page-24
  • 31. Page-24 CHAPTER 6 ACTIVITIES OF BLAST UNIT OFFICES 6.1 (UNIT WISE APPLICATION) Currently BLAST has total 19 Units over the country. Here are the last 6 months information of total applications, which are filed in different BLAST Unit Office. SL. Unit Name - BLAST Number of Application 1. Head Office/Judge Court 2076 2. Dhaka 2068 3. Rajshahi 1341 4. Sylhet 1216 5. Comilla 1176 6. Bagura 798 7. Faridpur 728 8. Chittagong 733 9. RAN 761 10. Rangpur 544 11. Others (Total: 12) ……. © All information attached in this page are collected from BLST CMS System. Continue Page-25
  • 32. Page-25 CHAPTER 6 ACTIVITIES OF BLAST UNIT OFFICES 6.2 (CATEGORY WISE APPLICATION) Currently BLAST has total 19 Units over the country. Here are the last 6 months information of total applications, which are filed in BLAST Unit Offices as Category Wise. SL. Category Name Number of Application 1. Criminal 323 2. Family 230 3. Criminal 57 4. Labor 20 5. Miscellaneous 14 6. Criminal 10 7. Land 5 8. Civil 1 9. Others 1 © All information attached in this page are collected from BLST CMS System. Continue Page-26
  • 33. Page-26 CHAPTER 6 ACTIVITIES OF BLAST UNIT OFFICES 6.3 (UNIT WISE MONEY RECOVERED) In last 6 months, total BDT…........................ has been recovered from the Opposite Party upon the basis of Complainant Complaints so submitted. Most of the amount so recovered, are Dower Money/Mahar, Maintenance for Child and Wife. Here are last 6 months information of total amounts recovered by BLAST Unit Offices. SL. Unit Name - BLAST Number of Application 1. Head Office/Judge Court BDT 195185.00 2. Head Office Labor BDT 2238040.00 3. Rajshahi BDT 3590800.00 4. Sylhet BDT 213000.00 5. Comilla BDT 3237500.00 6. Bagura BDT 2347000.00 7. Faridpur BDT 3237500.00 8. Chittagong BDT 5,144,500.00 9. RAN. BDT 635000.00 10. Rangpur BDT 273000.00 11. Others (Total: 12) BDT 4632.00 © All information attached in this page are collected from BLST CMS System. Continue Page-27
  • 34. CHAPTER 7 Page-27 Page-20 POSITIVE SIDES OF BLAST (CHITTAGONG UNIT OFFICE)  ..............  ............. Continue Page-28 7.1FUNCTIONSOFBLAST
  • 35. Page-28 CHAPTER 8 8.1 POSITIVE SIDES OF BLAST - CTG. UNIT Although there are some defects of Mediation proceedings, Bangladesh Legal Aid and Services Trust (BLAST) proves some beneficial legal aid or services to the both parties. As a result, BLAST has a good rating in Mediation, and their settlement rates of up to 85 per cent. Followings are the major advantages or position effect of the Mediation proceeding under the BLAST:  In BLAST, the Complainant or Applicant and Opposite Party can solve their matter arises between them without paying any cost or charge.  In BLAST, by accepting Mediation processing by the parties, the parties can schedule Mediation at any time without having to wait for a court schedule, which not only speeds up the process but also provides flexibility.  In the ordinary Court system, judgments and opinions are usually public record, but the Meditation process is confidential. In BLAST, if the parties settle through mediation, no public record exists of what developed at the negotiation meetings or of the amount of the settlement.  A neutral professional typically presides over the Mediation proceeding. As a result, in BLAST, the parties are free to select a mediator with special knowledge of the area of law in question rather than leave the decision to a judge or a jury, who may not fully understand the law. Generally, Staff Lawyer of BLAST presides over the Mediation proceeding.  In Mediation proceeding, both the parties involved in mediation can use the process as an opportunity to preserve the relationship, whether it is a husband and wife, business partners or an employer and employee.  BLAST also preserve the relationship between the both parties and keeping their reputations during Mediation proceedings.  No matter shall be sent to the Litigation without giving reasonable opportunity to the both parties and exercising all process of Mediation by the BLAST. If the Mediation process has failed, then the BLAST suggests to the Complainant for filing a Suit.  In BLAST, Mediation proceedings are typically less acrimonious than Litigation and allow the parties to get to the heart of the problem and come to a reasonable conclusion.  BLAST provides advocacy, where the Complainant is not enable or capable to defend the case, due to his/her financial incapacity.  BLAST also provides traveling allowance to the parties, in case of necessary or under the circumstances of the financial status of the parties. Continue Page-29
  • 36. Page-29 CHAPTER 8 8.2 NEGATIVE SIDES OF BLAST – CTG. UNIT Although Bangladesh Legal Aid and Services Trust (BLAST) is a non-profit Legal Organization and all matter or complaints filed in BLAST is disposes through the Mediation process, however it has some leaking and which can be negative impact upon the Organization and ultimately it may impact on the purposes or objectivities of BLAST. By Externship in Bangladesh Legal Aid and Services Trust (BLAST) Chittagong Unit Office, following negative issues or sides came to my observation:  Chittagong Unit Office of BLAST is not modern facilitate and well decorated building.  Currently only 6 Official Staffs are working for the organization. Personally, I think BLAST should increase more Staff in this Unit.  Service of Notice/Letter takes more times. As a result, Complainant feel bore. In some cases, Complainant or Opposite Party did not comply the Service of Notice/Letter.  Mediation process in not strong, and there is no immediate procedure or hard and fast rule to comply the whole Mediation process by the parties.  When a Mediation is successful or a decision has made between the parties and they have reached a decision upon their Complaints or claims, but subsequently they are not complying the terms and conditions. But there is no immediate procedure or hard and fast rule to comply all terms and conditions made through the Mediation process.  Whereas, there is no physical or financial punishment under the Mediation process, so both parties does not comply the mediation process. As a result, mediation process and objectives of BLAST may be failed.  There is no sufficient space or chair and table for the peoples, who came here for the legal aid or service.  There is no harmony in Complaints File and sometimes it takes too many times to find it. Negative issues or impact failed the objectivities of a organization. So as an Non- profit organization, BLAST should prohibit such types of negative sides. Continue Page-30
  • 37. Page-30 CHAPTER 9 9.1 CRITICAL ANALYSIS Following critical analysis came to my observation: (i) After successfully Mediation, maintenance given to complainant and her child or children is not sufficient. Otherwise Maintenance is fixed with the consent of opposite party. In the Complaint of Runu Rani Roy vs Subrata Roy, only BDT 1,000 is given to the Complainant and her Child as maintenance. Personally, I think it is not sufficient for complainant. (ii) In some cases, both parties don’t comply the terms and conditions made upon the basis of final Mediation process, and the terms and conditions so imposed upon the opposite party, is not agreed upon on it. (iii) Whereas, there is no punishment or fine by laws. So, the both parties did not comply the Mediation process and sometime they ignore the Mediation or any other process intentionally. (iv) In some case, fear intimidation is shown to opposite party, so that he/she is bound to comply the Mediation process, and opposite party does not face before Court/Case, so he/she comply the Mediation without his/her willing. (v) In some cases, both parties did not comply the Service of Notice/Letter, and there are no necessary steps to be taken or punishment for complying such process. (vi) There is no separate room for Mediation session, and the Mediation session is held between any other parties. (vii) In some cases, priority is given to the complaint and especially to woman to dispose the matter through Mediation process. As a result, opposite party always dissatisfied upon the Mediation process. (viii) In Dower case, no special procedure or steps to be taken to recover dower money speedily from the opposite party, and it’s depend on the opposite parties willing. (ix) In Maintenance case, no such special procedure or necessary steps to be taken to recover maintenance speedily from the opposite party, and always it’s depend on the opposite parties willing. (x) During Mediation, only 5/10 minutes given to both parties for important discussion or reaching any further decision, and it’s not sufficient time for taking any important decision. Continue Page-31
  • 38. Page-31 CHAPTER 10 CASE STUDY Bangladesh Legal Aid and Services Trust (BLAST) mediated a lot of cases between both the parties through the Mediation process and it has about 85% success rate in Mediation. Most of the cases are Family Suit, i. e. Maintenance, Dower, Recovery of Dower money or mahar, Restitution of Conjugal Life, etc. During the Externship in BLAST, more than 20 cases were studied by me and followings are part of them: 10.1 Ranu Rani Roy vs Subrata Roy The complaint was filed by the Complainant Ranu Rani Roy against her husband Subrata Roy along with her mother-in-law Sabita Roy for her and her Child maintenance. Fact of the Case Complainant married to opposite party on 2013 and they have consumed 1 daughter. After marriage, Opposite party along with his mother and his sister always tortures to the Complainant, whether physically and mentally and the Complainant went her parent’s house. Later the opposite party does not provide any maintenance for the complainant and her daughter. As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. A Notice/Letter has been served against the Opposite Party to appear and defend the case. First Hearing The date was fixed for Mediation, and both parties were present. After first hearing, opposite party has agreed to give Tk. 2000 per month for his wife and Child as maintenance. Second Hearing The date was fixed for mediation, and the Complainant was present, but the Opposite Party was not present. A Notice/Letter has been re-issued against to the Opposite Party to appear. Third Hearing and Final Mediation/Settlement The date was fixed for final settlement and the both parties were present. Opposite Party has agreed to give Tk. 2000 per month to his wife and child as maintenance and paid Tk. 4000 instant as previous two months due. Decision of the Complaint  No separation was made between the parties.  Opposite party will shift a new house and till shifting house, Complainant will resides her parent’s house.  In that time, Opposite Party will bear maintenance for his wife and daughter.  Both parties have been agreed to continue their conjugal life with peacefully. Continue Page-32
  • 39. Page-32 CHAPTER 10 CASE STUDY 10.2 Shima Akter vs Jasim Uddin A complaint was filed by the Complainant Shima Akter against her husband Md. Jasim Uddin along with her husband family members for her maintenance and mahar. Fact of the Case The Complainant married to opposite party on 16/06/2015 with 5,00,000 taka den mahar. After marriage, Complainant came to know that Opposite Party has another conjugal life and she disclosed about the same. Later, opposite party along with his mother and his sister always physical tortured to the complainant and sent to her parent’s house. Later the opposite party does not provide any maintenance for the complainant and did not communicate with her. As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. Though the mediation was settled between the parties by the Local Authority (Ward Commissioner), but the Opposite party did not comply the mediation and the Local Authority has suggested to the Complainant for Litigation. A Notice/Letter has been served by BLAST against the Opposite Party. First Hearing The date was fixed for mediation and the Opposite party does not appear. A Notice/Letter has been re-issued against the Opposite Party to appear and defend the case. Second Hearing The date was also fixed for mediation, but the Opposite party does not appear. A Notice/Letter has been issued for second time against the Opposite Party to appear and defend the case. Third Hearing and Final Mediation/Settlement The date was also fixed for mediation, but the Opposite Party does not appear. No further Notice/Letter has been issued against the Opposite Party. Decision of the Complaint The complaint has been sent for Litigation through the BLAST and BLAST has decided to managing the Case by its Panel Lawyer. Continue Page-33
  • 40. Page-33 CHAPTER 10 CASE STUDY 10.3 Subal Das vs State Fact of the Case A complaint was filed in favor of the accused against the State (Government). In this case, accused person was arrested by the Police for keeping Drugs (Narcotics) in his custody for the purpose of illegal sale. As a result, the accused brought the complaint before the Bangladesh Legal Aid and Services Trust (BLAST) for defend the case and prayer for legal aid. Decision of the Complaint BLAST has accepted the Complaint to filing Litigation. The case has been sent for Litigation through the BLAST and BLAST has decided to defend the Case by the Panel Lawyer. 10.4 Mahabub Islam vs State Fact of the Case A complaint was filed by the Complainant against the State. In this case, Complainant was arrested by the Police Officer for keeping Drugs (Narcotics) in his custody for the purpose of illegal sale. As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and Services Trust (BLAST) for defend the case. Decision of the Complaint BLAST has accepted the Complaint to filing Litigation. The case has been sent for Litigation through the BLAST and BLAST has decided to defend the Case by its Panel Lawyer. Continue Page-34
  • 41. Page-34 CHAPTER 10 CASE STUDY 10.5 Suraiya Begum vs Mohammad Sohel A complaint was filed by the Complainant Suraiya Begum against her husband Mohammad Sohel along with her husband family members for her maintenance and mahar. Fact of the Case: The Complainant was married to opposite party on 22/01/2016 with 3,00,000 taka mahar. After marriage, Complainant came to know that Opposite Party has an extra marital affair with other, and the Opposite party always physically and mentally tortured to the complainant, and sent to her parent’s house. Few days later, mediation between both parties was made by the both family and the Opposite Party has decided to continue his conjugal life with his wife peacefully and no extra marital affair shall exist. After passing few days peacefully, Opposite Party claims Tk. 2,00,000 from the Complainant's father for the purpose of going to abroad and Tk. 2,00,000 has given to the Opposite Party. Later Opposite Party starts misbehave with the Complaint and sent to her parent’s house. From that time, Opposite Party does not bear any maintenance. As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. Though the mediation was settled between the parties by the both family and Local Authority (Ward Commissioner), but the Opposite party did not comply the mediation and the Local Authority has suggested to the Complainant for Litigation. A Notice/Letter has been served by BLAST against the Opposite Party to appear and defend the case. First Hearing The date was fixed for mediation, but the Opposite Party does not appear. As a result, a Notice/Letter has been re-issued against to the Opposite Party to appear. Second Hearing The date was also fixed for mediation, and the both parties were present. Opposite party has agreed to pay or bear previous maintenance of his wife, and prayer for time for further decision. BLAST has accepted his prayer and a new date has fixed for mediation. Third Hearing and Final Mediation/Settlement The date was also fixed for final settlement and the both parties were present and the matter has been mediated between the parties. Decision of the Complaint  Opposite Party has agreed to pay Tk. 2000 per month to his wife as previous due maintenance and decided to give Tk. 2,00,00 to his father-in-law.  He also agreed that a happy conjugal life shall exists with his wife and no physical or mental tortured shall be made against the Complainant. Continue Page-35
  • 42. Page-35 CHAPTER 10 CASE STUDY 10.6 Sharmin Akter vs Abdul Malik A complaint was filed by the Complainant Sharmin Akter against her husband Abdul Malik for her maintenance. Fact of the Case Complainant was married to opposite party on 19/09/2016 with 4,00,000 taka den mahar. After marriage, Complainant came to know that the Opposite Party is drug addicted and he always tortured to the Complainant, whether physically or mentally after drunk. Later, the Complainant went her father’s house. Few days later, Opposite Party came to Complainant's house and brought her to his house. After passing few days, he started the same against her wife and the Complainant went her father’s house again. From that time, Opposite Party does not bear any maintenance of the Complainant. As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. Though the mediation was settled between the parties by the both family, but the Opposite party did not complied that. BLAST has accepted the Complaint for Mediation. A Notice/Letter has been served by BLAST against the Opposite Party to appear and defend the case. First Hearing The date was fixed for mediation, and the both parties were present. After first hearing, opposite party has agreed to continue his conjugal life with his desire wife. A further date has been fixed by BLAST for further decision. Second Hearing The date was fixed for mediation, but the Opposite Party does not appear. As a result, a Notice/Letter has been re-issued against to the Opposite Party to appear. Third Hearing and Final Mediation/Settlement The date was also fixed for mediation, and the both parties were present. The Complaint has been mediated between the parties. Opposite party prayer for further time, but BLAST refused to granted time and the Opposite party agreed upon on it. Decision of the Complaint  Opposite party has agreed to continue his conjugal life with his wife peacefully.  He also agreed that he will bear all maintenance of his wife and he also cost for family maintaining during their conjugal life.  No physical or mental tortured shall be made against the Complainant.  No drug or drink shall be made by him. Continue Page-36
  • 43. Page-36 CHAPTER 10 CASE STUDY 10.7 Ahmed Hossen vs Abul Kalam and Others The complaint was filed by the Complainant Ahmed Hossen against the Opposite party Abul Kalam and Others for the declaration of title over the disputed immovable property. Fact of the Complaint Ahmed Hossen occupied total 51 shatak land by the process of inheritance. His name was recorded in B. S khatiyan and he was in the possession of the whole land peacefully. But the opposite party and his brothers dispossessed the Complainant from the land and build a boundary wall. They claimed that the land was recorded their name in R. S khatiyan and they are the original owner of the land. Later, Complainant collect Certificate Copy from the Sub- Register Office and came to know that during the R. S. Khatiyan operation 31 shatak land was registered wrongfully in the name of the opposite party and his brothers. Complainant claims the 31 shatak land, but the Opposite party refused to give the land. As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. A Notice/Letter has been served against the Opposite Party to appear and defend the complaint. First Hearing The date was fixed for mediation. Opposite Party does not appear. A Notice/Letter has been re- issued against the Opposite Party to appear and defend the case. Second Hearing The date was also fixed for mediation, and both parties were present. After a long time arguments, the Opposite party has failed to provide necessary documents and other requirements. Opposite party prayer for time for further decision and to produce documents and BLAST has granted the time. Third Hearing The date was fixed for mediation, but the Opposite party does not appear. A Notice/Letter has been re-issued against the Opposite Party to appear with their decision. Fourth Hearing and Final Mediation/Settlement The date was fixed for final settlement and the both parties were present. Complainant submitted all documents related with the disputed, but the Opposite part has failed to produce all necessary documents. Decision of the Complaint  Opposite party has agreed to return the possession of the disputed land and never claim the 31 shatak land.  Opposite party will co-operate for the filing the suit for Rectification of R. S. khatiyan.  Opposite party claims the total cost of boundary wall so build outside the land and the Complainant has agreed upon on it. Continue Page-37
  • 44. Page-37 CHAPTER 10 CASE STUDY 10.8 Md. Kamal vs Sheuli Akter A complaint was filed by the Complainant Md. Kamal against his wife Sheuli Akter for divorce, but he refused to pay money of den mahar, on the ground of his wife's immorality and an extra marital affair. Fact of the Case The Complainant married to opposite party on 21/04/20156 with 2,00,000 taka den mahar. After marriage, Complainant came to know that before Opposite Party had 4 marriages and all marriages are dissolved through the divorce. The Complainant decided to stay alone from his wife and wants to give divorce. Complainant also noticed that his wife has involved an extra marital affair. As a result he also decided not to provide any maintenance and dower/mahar. As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. Though the mediation was trying to settle between the parties by the Local Authority (Ward Commissioner), but the Opposite party did not comply the mediation and the Local Authority has suggested to the Complainant for Litigation. A Notice/Letter has been served by the BLAST against the Opposite Party. First Hearing The date was fixed for mediation and both parties were present. In the mediation session, opposite party claim his due maintenance and den mahar money, but the Complainant refused. The Mediator informed to the Complainant, he must pay den mahar. Complainant wants time and the time has been given for further decision. Second Hearing The date was also fixed for mediation and both parties were present. Complainant agreed to give only 1,00,000 as den mahar, but the opposite party claims full amount of money. A further time has been given to Complainant for further decision, how he would pay the den mahar. Third Hearing and Final Mediation/Settlement The date was also fixed for mediation. Complainant claimed his wife is an immoral and she has an extra marital affair, but the opposite party refused. Later, Complainant agreed to pay full amount of den mahar. Decision of the Mediation 1. Upon the request of the Complainant, Tk. 20,000 has been to opposite party by the Complainant as amount of den mahar. 2. Remaining amount of money will be paid subsequently in every month. 3. After paying full amount of den mahar, both parties does not claim any rights or bear any liabilities each other and they will passing their life as their own wishes or independently. Continue Page-38
  • 45. Page-38 CHAPTER 10 CASE STUDY 10.9 Abdul Halim vs Md. Arifur Rahman and Others The complaint was filed by the Complainant Abdul Halim against the Opposite party Md. Arifur Rahman and Others for the declaration of title over the 40 satak land. Fact of the Complaint The Complainant states that in his complaint he occupied total 40 shatak land by the process of inheritance. His name was recorded in R. S and B. S khariyan and he was in the possession of the whole land peacefully for the long time. But the opposite party along with his brothers claims 20 satak land from the Complainant's land and build a boundary wall. They claimed that the land was recorded their name in R. S khatiyan and they are the original owner of the land. Later, Complainant collect Certificate Copy from the Sub-Register Office and came to know that during the R. S. and B. S khayiyan was recorded in the name of the Complainant, but the opposite party refused it. They claimed, they have original deed and khatiyan. As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. A Notice/Letter has been served against the Opposite Party to appear and defend the complaint. First Hearing The date was fixed for mediation. Opposite Party does not appear. A Notice/Letter has been re- issued against the Opposite Party to appear and defend the case. Second Hearing The date was also fixed for mediation, but the opposite party does not appear. Upon the request of the Complainant, final Notice/Letter has been re-issued against the Opposite Party to appear and defend the case. Third Hearing The date was fixed for mediation and both parties were present. In the mediation both parties claims the whole disputed land. After a long time arguments, the Opposite party has failed to provide necessary documents and other requirements. Opposite party prayer for time for further decision and to produce documents and BLAST has granted the time. Fourth Hearing and Final Mediation/Settlement The date was fixed for final settlement and the both parties were present. Complainant produced all documents related with the disputed, and the Opposite part has also produced documents. After the final arguments it’s appear that the opposite party entitles only 5 sataks land from the disputed land. Finally both parties are reached their decision. Decision of the Mediation 1. Complainant has agreed to give 5 sataks land to the opposite party, and the opposite party will withdraw the boundary from the disputed land. 2. Complainant shall co-operate to the opposite party for the filing of suit for declaration of title in the name of the opposite party over the disputed land. 3. Both parties does not claim any other portion without their own land or portion. Continue Page-39
  • 46. Page-39 CHAPTER 10 CASE STUDY 10.10 Sonia Akter vs Md. Mazid A complaint was filed by the Complainant Sonia Akter against her husband Md. Mazid for her den mahar. Fact of the Case Complainant was married to opposite party on 19/03/2017 with 9,00,000 taka den mahar. After marriage, opposite party did not maintain communication with the Complainant and he did not provide any maintenance. Later, opposite party physically tortured to Complainant, and the Complainant went her parent’s house. Few days later, Opposite Party came to Complainant's house and brought her to his house. After passing few days, he started the same against her wife and the Complainant went her parent’s house again. From that time, Opposite Party does not bear any maintenance of the Complainant. As a result, the Complainant brought the complaint before the Bangladesh Legal Aid and Services Trust (BLAST) and BLAST has accepted the Complaint for Mediation. BLAST has accepted the Complaint for Mediation. A Notice/Letter has been served by BLAST against the Opposite Party to appear and defend the case. First Hearing The date was fixed for mediation, and the both parties were present. After first hearing, Opposite party has agreed to continue his conjugal life with his desire wife. A further date has been fixed by BLAST for further decision. Second Hearing The date was fixed for mediation, but the Opposite Party does not appear. Opposite party starts again torture to the Complainant. As a result, a Notice/Letter has been re-issued against to the Opposite Party to appear. Third Hearing and Final Mediation/Settlement The date was also fixed for mediation, and the both parties were present. The Complaint has been mediated between the parties. Opposite party prayer for further time, but BLAST refused to granted time and the Opposite party agreed upon on it. Decision of the Mediation 1. Opposite party agreed on the mediation and agreed to give den mahar. 2. Tk. 9,00,000 has been paid in favor of the Complainant by the opposite party through pay order, in the presence of mediator and both parties relatives. 3. 3. Divorce has been made on that day in the presence of Kazi and others official of BLAST. 4. No relation shall be existed between both parties after effective of divorce. Continue Page-40
  • 47. CHAPTER 11 Page-40 11.1 WHERE THE BLAST WORKS? Continue Page-41
  • 48. Page-41 CHAPTER 12 JUDGMENTS OF BLAST Bangladesh Legal Aid and Services Trust (BLAST) has also filed about 82 PIL (Public Interest Litigation) cases before the Supreme Court of Bangladesh (SCB) as part of its Advocacy for Law and Policy reforms to address institutional obstacles to Justice delivery. Following are the major PIL, so filed by the BLAST: 1. Name of the Parties: Government of Bangladesh represented by Secretary, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka (Appellant) Vs Rangamati Food Products Ltd. and others (Respondents) Issues: CHT Date of Judgment: 22nd November, 2016. Writ Petition Number: CIVIL APPEAL NO.08 OF 2008. 2. Name of the Parties: Ministry of Law Justice and Parliamentary Affairs and others V Bangladesh Legal Aid and Services Trust Writ Petition No. Civil Appeal No. 53 of 2004 3. Name of the Parties: Campaign for Popular Education (CAMPE) & Bangladesh Legal Aid and Services Trust (BLAST) v Bangladesh, represented by Senior Secretary, Ministry of Education, and Others. Writ Petition No. 312 of 2012 Issues: Right to Education. Law: Article 44 and 102 of Constitution of the People’s Republic of Bangladesh; 4. Name of the Parties: Bangladesh Legal Aid and Services Trust (BLAST) and ors vs Govt. of Bangladesh and ors Civil Appeal No. 116/2010 Issue: Right to Fair Trial Law: Constitution of Bangladesh, Nari O Shishu Nirjaton (Bishesh Bidhan) Ain, 1995 [the Violence against Women and Children (Special Provisions) Act] and Nari O Shishu Nirjaton (Bishesh Bidhan) Ain, 2000 5. Name of the Parties: Aberchai Mog and others vs. Joint District Judge, Khagrachari and others Writ Petition No. 2829 of 2006 and Writ Petition No 3285 of 2009 Issue: Adivashi Rights Law: Constitution of Bangladesh; Chittagong Hill-Tracts Regulation (Amendment) Act, 2003; Chittagong Hill-Tracts Regulation, 1900 (Regulation 1 of 1900);Khagrachari Parbotyo Jela Parishad Ain 1989, Three (3) Hill District Councils Act 1989, Chittagong Hill Tracts Land Disputes Resolution Commission Act 2001. Reported: 19 BLC (HCD) (2014) 358 6. Name of the Parties: Bangladesh Legal Aid and Services Trust and others vs Bangladesh and others [Corporal Punishment Case] Writ Petition No. 5684 of 2010 Issue: Children's Rights Law: Constitution of Bangladesh © Judgment: https://www.blast.org.bd/judgements Continue Page-42
  • 49. Page-42 CHAPTER 12 JUDGMENTS OF BLAST 7. Name of the Parties: Bangladesh Legal Aid and Services Trust and others vs Bangladesh and others Writ Petition No. 718 of 2008 Issue: National Building Code, 2006 Law: Constitution of Bangladesh 8. Name of the Parties: BLAST and another vs. Bangladesh and others ['Shukur Ali' Case] Writ Petition No. 8283 of 2005 Issue: Children's Rights Law: Constitution of Bangladesh 9. Name of the Parties: Bangladesh Legal Aid and Services Trust and others vs Bangladesh and others [‘Fatwa’ Case] Writ Petition No. 5863 of 2009 with Writ Petition No. 754 of 2010 and Writ Petition No. 4275 of 2010. Issue: Women's Rights Law: Constitution of Bangladesh Keywords: Imposition of Extra-Judicial Punishment, Legal Penalties in the Name of Islamic Sharia/Fatwa, Right to Freedom from Cruel, Inhuman and Degrading Punishment, Violence Against Women, Abusive Exercise of Powers, Unreasonable Remand, International Legal Prohibition of Torture, Ill Treatment. 10. Name of the Parties: Advocate Md. Salahuddin Dolon vs. Bangladesh Writ Petition No. 4495 of 2009 Issues: Women's Rights Law: Constitution of Bangladesh; 11. Name of the Parties: Bangladesh Legal and Services Trust vs. Bangladesh and others Writ Petition No. 4191 of 1998 Issues: Children's Rights; Right to Liberty Law: Constitution of Bangladesh; Special Powers Act, 1974 Reported: 4 BLC (HCD) (1999) 600 Keywords: Code of Conduct, Law Enforcement Officials, Judicial Review of Executive Acts, Custodian of Guaranteed Rights, Protection of Fundamental Rights Through Process of Law, Supremacy of the Constitution, Rule of Law, Right to Award Monetary Compensation, Ineffectiveness of Police Force, Freedom from Police Atrocities, Right to Life, Abuse of Provisions on Detention, Safeguarding the Public Interest, Infringement of Fundamental Rights, Excess of Authority, Abuse of Power by Law Enforcement Agencies. 12. Name of the Parties: Dr. Mohiuddin Farooque, being dead, his sustitute Mrs. Syeda Rezwana Hasan vs. Bangladesh and other Writ Petition No. 1694 of 2000 Issues: Right to Safe and Healthy Environment Law: Constitution of Bangladesh; Reported: Reported in 22 BLD 345 © Judgment: https://www.blast.org.bd/judgements Continue Page-43
  • 50. Page-43 CHAPTER 12 JUDGMENTS OF BLAST 13. Name of the Parties: Bangladesh Legal Aid and Services Trust and another vs. Bangladesh and others Writ Petition No. 1341 of 2000 Issues: Children’s Rights; Right to Fair Trial Law: Constitution of Bangladesh; Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995; Children Act, 1974; Code of Criminal Procedure, 1898 Reported: 22 BLD (HCD) (2002) 206 Keywords: Supremacy of the Constitution, Rule of Law, Trial of Children, Jurisdiction of Juvenile Court, Confessional Statement Through Coercion and False Promise, Trial of Juvenile Offenders, Arrest, Detention and Trial of Juvenile Offenders 14. Name of the Parties: Bangladesh Legal Aid and Services and Trust and others vs. Bangladesh and others Writ Petition No. 3806 of 1998 Issues: Right to Life, Right to Freedom from Torture and Arbitrary Police Action Law: Constitution of Bangladesh, Code of Criminal Procedure, 1898; Penal Code, 1860; Evidence Act, 1872; Police Act, 1861 Reported: 55 DLR (HCD) (2003) 363 Keywords: Abusive Exercise of Powers, Colourable Exercise of Powers, Violation of Fundamental Rights, Unreasonable Remand, Powers of Arrest and Investigation within the Limits of the Law, Safeguards to Arrest, Custodial Death, Fundamental Right to Life and Liberty, Torture, Cruel, Inhuman and Degrading Punishment, Breach of Public Duty by the State, Right to Consult and Defend. 15. Name of the Parties: Bangladesh Legal Aid Services Trust and others vs. Bangladesh and others Writ Petition No. 7578 of 2003 Issue: Children's Rights; Right to Fair Trial Law: Constitution of Bangladesh; Code of Criminal Procedure, 1898; Penal Code, 1860; Children Act, 1974 Reported: 57 DLR (HCD) (2005) 11 Keywords: Prisoner's Rights, Child Rights, Children's Rights, Right to a Fair Trial, Under Trial Person, Personal Liberty, Speedy Trial, Juvenile Accused, Juvenile Court 16. Name of the Parties: Bangladesh Legal Aid and Services Trust vs. Bangladesh (Secretary, Ministry of Health and Family Welfare) and others Writ Petition No. 1043 of 1999 Issue: Right to Health; Accountability and Institutional Reform Law: Constitution of Bangladesh; Iodine Deficiency Diseases Prevention Act, 1989; Iodine Deficiency Diseases Prevention Rules, 1994 Reported: 25 BLD (HCD) (2005) 83 Keywords: Right to Health, Accountability and Institutional Reform, Iodized Salt, Consumer Rights, Edible Salt, Cretinism, Goitre © Judgment: https://www.blast.org.bd/judgements Continue Page-44
  • 51. Page-44 CHAPTER 12 JUDGMENTS OF BLAST 17. Name of the Parties: Bangladesh Legal Aid and Services Trust vs. Bangladesh (Secretary of Law, Justice and Parliamentary Affairs) and Another Writ Petition No. 4502 of 2003 Issue: Access to Justice; Accountability and Institutional Reform Law: Constitution of Bangladesh; Gram Sarkar Ain (Village Government Act), 2003 (Act VI of 2003); Local Government Ordinance, 1982 (Ordinance No. LIX of 1982) Reported: 60 DLR (HCD) (2008) 234 18. Name of the Parties: Bangladesh Legal Aid and Services Trust vs. Bangladesh (Secretary, Ministry of Post and Telecommunications) and others Writ Petition No. 2060 of 2001 Issue: Accountability and Institutional Reform Law: Constitution of Bangladesh; Members of Parliament (Salaries and Allowances) (Amendment) Act, 1992; Telegraph Act, 1985 Reported: 60 DLR (HCD) (2008) 177 19. Name of the Parties: Bangladesh Legal Aid and Services Trust and others vs. Bangladesh and others Writ Petition No. 1534 of 1999 Issue: Accountability and Institutional Reform Law: Constitution of Bangladesh; Town Improvement Act, 1953 20. Name of the Parties: Bangladesh Legal Aid and Services Trust and others vs. Bangladesh and others [ Gudaraghat Basti Case] Writ Petition No. 5915 of 2005 Issue: Right to Shelter Law: Constitution of Bangladesh, East Pakistan Government Land and Building (Recovery of Possession) Ordinance, 1970 Reported: 13 BLC (HCD) (2008) 384 21. Name of the Parties: Bangladesh Legal Aid and Services Trust vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs Writ Petition No. 606 of 2006 Issue: Access to Justice; Adivasi Rights; Accountability and Institutional Reform Law: Constitution of Bangladesh; Chittagong Hill-Tracts Regulation (Amendment) Act, 2003; Chittagong Hill-Tracts Regulation, 1900 (Regulation 1 of 1900); Nari-O-Shishu Nirjatan Daman Ain, 2000 [Suppression of Violence against Women and Children Act] Reported: 61 DLR (HCD) (2009) 109 22. Name of the Parties: Ayesha Khanam and others vs. Bangladesh, represented by Secretary, Cabinet Division, Bangladesh Secretariat, Dhaka and others Writ Petition No. 3974 of 2004 Issue: Women’s Rights Law: Constitution of Bangladesh, Article 65(3) Reported: 11 MLR (AD) (2006) 237 © Judgment: https://www.blast.org.bd/judgements Continue Page-45
  • 52. Page-45 CHAPTER 13 13.1 CONCLUSION At the end of my Report, I would like to pay thanks to our University Authority and Law Department, as well as Bangladesh Legal Aid and Services and Trust (BLAST) Chittagong Unit for arranging such training program under the Externship. A summary description of activities of BLAST has been included and described in my Report. In my Report, I have described the basic Structure, Functions, Mediation Proceedings and important information's relating to the BLAST. Total 6 (six) Cases have been included in my Report, and the Cases have been Mediated by the BLAST through its Mediation process. Cases studied, so included in my Report, have been studied personally during the Externship program in BLAST. Along with these 6 (six) cases, personally I have studied more than 20 cases, which are accepted as Complaints by the BLAST. Most of the Cases are already Mediated, some are waiting for Mediation, and few number of Cases goes to Litigation which will be defended by the Panel Lawyers of BLAST. From this Externship training, I have come to know that the BLAST has successful ratings in Meditation process. BLAST has gained proven expertise in providing Legal Aid to poor and disadvantaged clients, having undertaken some 57,467 cases to date. Over the years, out of 1,15,182 Applications received for Legal Assistance, BLAST responded to 20,133 Applications by resolving them through Mediation. It has also filed about 82 PIL (Public Interest Litigation) cases before the Supreme Court of Bangladesh (SCB) as part of its Advocacy for Law and Policy reforms to address institutional obstacles to Justice delivery. As a Law student, it was very essential for me to practice or training in Legal Aid NGO's, and our University Authority and Chittagong Unit Office, BLAST has fulfilled our essential. Personally, I think it would be more helpful for us, if our University Authority has arranged more practical and training session in any other Legal Aid Organization over the country. It was a great achievement and experience for me. Without having permission by our University Authority and BLAST Unit Office, it would not be possible for me to get such opportunity. As a trainee or practitioner, I am tried to my best to fulfill the requirements are necessary under the Externship Course. If any mistake or wrong are found, kindly let me know and I shall be inspired. Otherwise I believe that by committing some or a single mistake, the main purpose of my Report shall not be failed. Thank you very much and I shall be highly encouraged if you are kind enough to receive this Report. ARNAB DAS | Email: arnab@legislator.com & arnabLaw@outlook.com| www.facebook.com/arnabLaw www.slideshare.net/arnabbd/presentations | www.twitter.com/arnabLaw