M. Farooque vs. Government of Bangladesh 17 BLD (AD) 1 (1997)

The Supreme Court of Bangladesh considered the standing of the Bangladesh Environmental Lawyers Association (BELA) which sued the government over a flood action plan. BELA contended that the plan infringed laws and would endanger millions of human lives, as well as cause habitat and environmental degradation. Addressing the issue of standing, the court acknowledged its duty to enforce fundamental rights, since any law, action and order made and passed in violation of fundamental rights is void and the Court has the duty to so declare. Given the paramountcy of protecting fundamental rights, the court ruled that any citizen petitioning for redress of a public wrong, injury or breach of fundamental rights has sufficient interest in a matter. Such person is therefore, a “person aggrieved,” for as long as the petitioner is acting bona fide and without political motivation or other underhanded purposes. The court, however, rejected the argument that petitioner could represent future generations because the Bangladesh constitution does not contain a provision on the right to a balanced and healthful ecology for present and future generations.