Supreme Court Judgments, Summarised

by Barrister Tahmidur Rahman | Nov 3, 2026

Summary

The petitioner filed a writ petition under article 102 of the Constitution against the Government of Bangladesh and others. On 16.06.2026 the High Court Division issued a Rule asking why respondent No. 2 should not be directed to dispose of an application filed by the petitioner in accordance with law, and at the same time directed respondent No. 2 to dispose of that application within 30 days. Respondent No. 4 later applied for the Rule to be discharged and, by a supplementary affidavit, informed the Court that respondent No. 2 had disposed of the application on 02.08.2026, directing respondent Nos. 3 and 4 to address the petitioner's grievance in accordance with law. Those respondents had then disposed of the application by a memo dated 06.09.2026 and communicated it to the petitioner. As the application had been disposed of, the Court held that the Rule had become infructuous. It discharged the Rule as infructuous, made no order as to costs and directed that the order be communicated at once.

Issues

  1. Whether the Rule seeking a direction to dispose of the petitioner's application survived once the application had been disposed of by the respondents.
Key points

  • Where a Rule seeks only a direction to dispose of an application, it becomes infructuous once the respondents have disposed of that application.
  • Compliance by respondent No. 2, and the follow-up disposal by respondent Nos. 3 and 4 communicated to the petitioner, left nothing further for the Court to direct.
  • The Rule was discharged as infructuous without any order as to costs.

In view of the disposal the application, the Rule has become infructuous. Accordingly, the Rule is discharged as being infructuous.

From the judgment, Justice Sardar Md. Rashed Jahangir
Law considered

Constitution of the People's Republic of Bangladesh, article 102

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