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JUDGEMENT:
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The High Court Division of the Supreme Court of Bangladesh issued a rule against the respondents, directing them to show cause why they should not be restrained from causing nuisance and sound pollution during the election campaign. The court also ordered the Attorney General to take necessary steps to prevent damages to public and private property in the guise of election campaigning.
The Supreme Court of Bangladesh upheld the High Court's decision, holding that:
- Public Interest Litigation: The court recognized the concept of public interest litigation, allowing individuals to file cases on behalf of the public interest. This decision empowered citizens to take legal action to protect the environment and hold the government accountable.
- Right to a Healthy Environment: The court held that the right to a healthy environment is implicit in the right to life, guaranteed by the Constitution of Bangladesh. This decision was significant as it recognized the importance of environmental protection before the explicit inclusion of environmental protection in the Constitution through the 15th Amendment.