The High Court (HC) on Sundayissued a rule upon the government to explain why the Joint Drives Indemnity Act2003 legitimising Operation Clean Heart should not be declared unconstitutionaland illegal.
As per the court direction, thegovernment will have to come up with a reply in six weeks.
Joint drives led by army underthe code name Operation Clean Heart wascarried out from October 16, 2002 to January 9, 2003 across the country to keepthe law and order situation under control.
Around 50 people were reportedlykilled in the operation.
The BNP-led 4-party alliancegovernment issued a gazette notification on February 24, 2003 to legalise the JointDrives Indemnity Act 2003 legitimising Operation Clean Heart.
According to the indemnity act,nobody can challenge the action of joint forces under Operation Clean Heart.
Advocate ZI Khan Panna, anexecutive member of Bangladesh Bar Council, on July 14 this year filed a writpetition challenging the legality of the indemnity act.
In the petition, he claimed thatthe law which legitimised the Operation Clean Heart is against the fundamentalrights of people.
After hearing the petition, theHC bench of Justice Mirza Hussain Haider and Justice Kazi Md Ejarul Hoque Akond(Sagor) also asked the government to explain why it should not be directed tomake a fund of Tk 100 crore for compensation of the victims of Operation CleanHeart.
Secretaries to the ministries oflaw, home and defence, Armed Forces Division and inspector general of policehave been made respondent to the rule.