Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)



Ordinance relating to the Board of Residence and Discipline
Section/Order/ Article/Rule/ Regulation Head Note Parties Name Reference/Citation
Section 4, 5, 17, 21 and 24

Universities and colleges (under universities) should strictly prohibit any sort of activities in the name of Ragging:
Ragging, now-a-days, appears to be a socio-legal problem. It demoralizes the victim who joins higher education life with many hopes and expectations. Besides the physical and mental torture including grievous injuries, it simultaneously causes grave psychological stress and trauma to the victim. Even the victim may drop out and thereby hampering his/her career prospects. In extreme cases, incidents of suicides and culpable homicide may also be happened. In the circumstances, in order to resist this socio-academic disease, all the universities and colleges (under universities) should strictly prohibit any sort of activities in the name of Ragging. All the universities and colleges (under universities) should be stringent in taking anti-ragging measures. Therefore, all educational institutions (including universities and colleges) shall observe the following measures to protect and prevent the activities in the name of Ragging:
i) Educational institutions shall not allow the students to participate in any untoward incident and all sorts of activities/gathering/performance in the name of Ragging.
ii) Every educational institution including all university authorities should have Vigilance Committee to ensure vigil on incidents that may happen under the garb of Ragging. Managements of educational institutions should be responsible for non-reporting or inaction against the incidents of Ragging in their respective premises including residential halls.
iii) Authorities of all educational institutions shall publish the consequences for committing Ragging. In particular, at the main and prominent spot/point(s) of the institution.
iv) Posters containing measures against the Ragging have to be posted in the website of respective institutions which will warn the students about the consequences for committing Ragging.
v) An affidavit in the form of undertaking may be obtained from the students and their parents before start of new session to the effect that if any student found involving in Ragging he/she will be punished.
vi) Whatever the term “Ragging” or any other word is used, whenever, an incident happens with the elements of criminal offences, the authority should take action against the perpetrators under the prevailing law and also stern action under the Disciplinary Ordinance of the University like expelling the perpetrators from the university for good. ...A.S.M. Mahadi Hassan & ors Vs. BUET & ors, (Civil), 18 SCOB [2023] HCD 33 ....View Full Judgment

A.S.M. Mahadi Hassan & ors Vs. BUET & ors 18 SCOB [2023] HCD 33
Section 5(a)

The Enquiry reports show that several incidents in the name of Ragging had been taken place for a certain period of time by different incidents on different times. Considering those inquiry reports, the University Authority has imposed the punishment in question to the petitioners and therefore, it cannot be said that for the selfsame offences they have been punished for the second time or third time. From the above discussions, it appears to us that although the incidents have been branded with the word “Ragging” but the allegations clearly fall within the ambit of section 5(a) of the Disciplinary Ordinance under the terms of misconduct and breach of discipline. Therefore, we hold that, the University Authority issued the impugned orders following the provisions of laws incorporated in the Disciplinary Ordinance. ...A.S.M. Mahadi Hassan & ors Vs. BUET & ors, (Civil), 18 SCOB [2023] HCD 33 ....View Full Judgment

A.S.M. Mahadi Hassan & ors Vs. BUET & ors 18 SCOB [2023] HCD 33