Khagrachhari brick kiln owners’ group fined for concealing SC order

The High Court on Monday fined the Khagrachhari District Brick Kiln Owners' Association Tk50,000 for concealing an order of the Appellate Division while securing an extension of an earlier stay order from the High Court.

The bench of Justice Razik Al Jalil and Justice Debashish Roy Chowdhury passed the order after hearing the matter.

The court directed the association to deposit the fine with the Registrar of the Supreme Court.

According to court proceedings, the Khagrachhari District Brick Kiln Owners' Association, representing owners of 19 brick kilns in the district, filed a writ petition challenging government actions against their kilns.

On 13 January, the High Court issued a rule and granted a six-month stay order against a potential government move.

The Environment, Forest and Climate Change Ministry later challenged the stay order before the Appellate Division.

 On 5 March, the chamber judge of the Appellate Division of the Supreme Court (SC) halted the High Court's stay order.

Despite the SC order, the association filed an application with the High Court on 6 July seeking an extension of its stay on potential government action against kilns. The High Court subsequently extended the stay as the Appellate Division's order halting the earlier relief was not disclosed during the hearing.

The issue was later brought to the court's attention by Senior Advocate Manzill Murshid, who has been representing petitioners in a number of public interest cases seeking the removal of illegal brick kilns in the three hill districts of Chattogram division.

During Monday's hearing, Manzill Murshid argued that the petitioners had concealed the Appellate Division's order and obtained the extension of the stay by misleading the High Court, describing the act as a fraud upon the court. He sought appropriate action against the writ petitioners.

Advocate Parvez Hossain, appearing for the brick kiln owners' association, told the court that he had not been aware of the Appellate Division's order and informed the bench that he no longer wished to continue in the case.

After hearing both sides, the High Court imposed the financial penalty on the Khagrachhari District Brick Kiln Owners' Association for concealing the Appellate Division's order and obtaining the extension of the stay order through illegal means.