Chief Justice Dr. Justice Syed Refaat Ahmed on Monday said the judiciary of Bangladesh has historically embraced its role as the vanguard of environmental protection, employing public interest litigation, constitutional mandates, and statutory interventions to safeguard the environment.
He said, landmark rulings on river protection, air quality regulation, and the enforcement of environmental laws serve as testament to our commitment.
The chief justice came up with the observation while speaking at a seminar titled ‘Upholding Environmental Justice: The Role of Judges for a Sustainable Future’ at a city hotel.
Chief Justice of the National High Court of Brazil Justice Antonio Herman Benjamin was Special Guest at the event. Judges of both the Division of the Supreme Court, Attorney General for Bangladesh, Ambassador of Brazil in Bangladesh Paulo Fernando Dias Feres and Acting Secretary of the Supreme Court bar Association were present at function.
Dr Syed Refaat said, Bangladesh, a nation of resplendent natural beauty, stands at the precipice of environmental vulnerability. The existential threats posed by climate change, deforestation, industrial pollution, and unregulated urban expansion demand an unwavering judicial response.
Landmark rulings on river protection, air quality regulation, and the enforcement of environmental laws serve as testament to our commitment, he also observed.
He said, among the many natural marvels that grace our land, the Sundarbans stands as an unparalleled beacon of ecological richness and resilience. As the world’s largest contiguous mangrove forest, this UNESCO World Heritage Site is home to a vast array of flora and fauna, including the majestic Royal Bengal Tiger, the rare Irrawaddy dolphin, and countless species of birds, reptiles, and marine life.
The Sundarbans functions as a natural shield, protecting our coastal communities from the devastation of cyclones and tidal surges, while also playing a crucial role in carbon sequestration and climate regulation. However, despite its immense ecological and economic significance, this extraordinary ecosystem faces an existential crisis in the era of climate change, he said.
Rising sea levels, increasing salinity, industrial encroachments, and unchecked deforestation are pushing the Sundarbans to the brink of ecological collapse. If we fail to act decisively, we risk losing not only an irreplaceable natural heritage but also the very environmental security upon which millions of people depend. It is our solemn duty, as stewards of justice, to ensure that this irreplaceable sanctuary is protected for future generations through stringent legal frameworks, sustainable policies, and unwavering judicial oversight.
Article 116 of the Constitution was a fundamental pillar of the original Constitution, designed to uphold the institutional autonomy of the judiciary and safeguard its independence from external influence. However, over time, by the Constitution 4th amendment to this provision significantly altered its essence, centralizing control in a manner that curtailed judicial autonomy and weakened the separation of powers, he added.
The chief justice also observed that this shift not only undermined the independence of the judiciary but also eroded public confidence in the justice system. Recognizing the profound implications of this change, my ongoing reform initiatives are dedicated to reclaiming the institutional autonomy that was originally enshrined in the Constitution.