IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(SPECIAL ORIGINAL JURISDICTION)

Writ Petition No. 4325 of 2023

In the matter of:

An application under article 102 of the Constitution of the People’s Republic of Bangladesh.

AND

In the matter of:

BC Union Company Limited

………… Petitioner. -Versus-

Government of the People’s Republic of Bangladesh, represented by the Secretary, Health Services Division, Ministry of Health and Family Welfare, Bangladesh Secretariat, Abdul Gani Road, Dhaka,and others,

... Respondents.

Mr. Mahbub Shafique,Advocate with

Mr. Sifat Mahmud, Advocate

…For the petitioner. Mr. Bepul Bagmar, D.A.G. with

Mr. Md. Delwar Hossain, A.A.G.

…For respondent No.3 Mr. Syfuzzaman Advocate with

Mr. Md. Riad Mahmud, Advocate and

Mr. Tanvir Ahmed Siddique, Advocate

..For Respondent No.4.

Judgment on: 15.07.2024

Present:

Mr. Justice Md. Khasruzzaman

And

Mr. Justice K M Zahid Sarwar

Md. Khasruzzmaman, J:

In an application under article 102 of the Constitution, on 04.04.2023 Rule Nisi under adjudication was issued in the following terms:

“Let a Rule Nisi be issued calling upon the respondents to show cause as to why a direction should not be given upon the

respondents to pay the petitioner the price of 10,00,000(ten lac) pieces of Disposable Protective Mask at the rate of TK.27.50 per piece; 1,00,0000 (one lac) pieces of Disposable Protective Suit at the rate of TK. 1700.00 per piece; 2,00,000 (two lac) pieces of Goggles at the rate of TK.209.00 and 1600 (sixteen hundred) pieces of Dead Body Carrying Bag at the rate of TK. 1850.00 per piece amounting to total TK. 24,22,50,000.00 (Twenty Four Crore Twenty Two Lac Fifty Thousand) only which were supplied by the petitioner to the Central Medical Stores Depot (CMSD) and/or such other or further order or orders as to this Court may seem fit and proper.”

Facts necessary for disposal of the Rule Nisi, in short, are that the petitioner as a company incorporated under the Companies Act, 1994 is engaged in the business of importing different types of medical equipments. A novel coronavirus disease (in short, COVID- 19) was firstly identified in Bangladesh on 08.03.2020 when the healthcare system of the country was not fully prepared to tackle the pandemic situation. The Government, with a view to protect the population, declared countrywide lockdown on 23.03.2020. The healthcare service providers i.e. hospitals, doctors, nurses and other staffs throughout the country were in severe shortage of necessary health safety equipments, such as- Personal Protective Equipment (PPE), Disposable Protective Mask, Goggles, Dead Body Carrying Bag, etc. Under such critical situation, Human Rights and Peace for Bangladesh (HRPB) filed Writ Petition No. 3817 of 2020 seeking a Rule Nisi to be issued with a direction upon the respondents including the writ respondents to collect/procure/purchase necessary health safety equipments on an urgent basis to ensure safety of patients, doctors, nurses, staffs during the treatment of COVID-19 virus. After hearing the petitioner and the learned Deputy Attorney General vide order dated 22.03.2020 this Division was pleased to issue Rule Nisi directing the writ respondents to collect/procure/purchase necessary health safety equipments on an urgent basis to ensure safety of patients, doctors, nurses, staffs during the treatment of COVID-19 virus (Annexure-B to the writ petition). The Ministry of Health and Family Welfare in compliance of the aforesaid direction constituted a 05(five) member committee and also constituted an advisory committee consisting of 13(thirteen) members (Annexures- C and C-1). The respondent No.4 namely, Director, Central Medicine Stores Depot in compliance of the aforesaid direction vide his Memo dated 27.03.2020 and 11.04.2022 requested the petitioner company to supply 10,00,000