The High Court on Monday issued a rule asking the government to explain why compensation should not be provided to the mother of a six-month-old infant who drowned after falling into an open drain in Chattogram鈥檚 Kapasgola area.
The bench of Justice Fatema Najib and Justice Md Hamidur Rahman issued the rule following a public interest writ petition filed by Supreme Court lawyer Ishrat Hasan.
The court asked the Local Government Division secretary, Chattogram city mayor and the authorities of five more public agencies to explain why their failure to cover the drain and ensure public safety should not be deemed as negligence and a violation of the constitutional rights to the protection of law and life as guaranteed under Articles 31 and 32 of the constitution.
It also directed the authorities to explain why they should not be ordered to immediately identify and cap all open drains in the port city to prevent further loss of life.
The tragic incident occurred at about 8:30pm on April 18 near Nawab Hotel in Kapasgola area, when a battery-run auto-rickshaw carrying a mother and her baby lost control amid heavy rain and fell into an uncovered roadside drain with a strong current.
The mother survived, but the infant was swept away by the rushing water. After a 14-hour search operation, local people the next morning found the child鈥檚 body from Chaktai canal, and handed over the body to police by fire service officials.
Chattogram city mayor Rezaul Karim Chowdhury visited the spot during the rescue operation that night.
During Monday鈥檚 hearing, petitioner Ishrat Hasan submitted that the infant鈥檚 death resulted from gross negligence by city authorities and systemic mismanagement of urban infrastructure.
She argued that such dereliction of duty violated the constitutional responsibility of the state to protect citizens鈥� lives and liberties.
She urged the court to issue directives for an urgent survey of all risky drains and manholes in Chattogram and to install protective covers to prevent similar tragedies.
Locals have long complained about the hazardous state of the city鈥檚 drainage system.
Many drains and canals remain uncovered, lacking guardrails or slabs, turning them into death traps鈥攅specially during monsoon.