Abstract

Doctor Chowdhury Mahmud Hasan, a Dhaka University Teacher and a journalist filed a writ petition as Public Interest Litigation challenging the process of granting license to the Ekushe Television (ETV). The authority granted license to one Mr. A.S. Mahmud who even did not participate in tender on behalf of the ETV. In violation of tender notice, the agreement was signed between the Government of Bangladesh and Mr. A.S. Mahmud. Question arose whether the petitioners have locus standi to file the instant writ petition and whether the change of evaluation report was the result of mala fide intention of the authority. The Court answered that the Petitioners have locus standi because this is a public cause involving public wrong and therefore, they have sufficient interest in the proceedings. It also held that the process of issuing the license based on second evaluation report is mala fide. The counsels for ETV also argued that the contract has been concluded and third party rights arose. Finally, the Court dismissed the Leave Petition and upheld the Judgment of the High Court Division.