High Court asks why allotting roads, footpaths to hawkers should not be declared illegal

A government policy drawn up just this year is already facing a constitutional challenge in the court

The High Court has questioned the legality of allocating roads and footpaths to hawkers, asking why such a move should not be declared unconstitutional.

A bench of Justice Bhishmadev Chakraborty and Justice Abdur Rahman issued the rule on Tuesday after hearing a public interest writ petition.

The local government (LGRD) secretary, law secretary, administrators of Dhaka North and South city corporations and their chief executive officers have been asked to respond within four weeks.

Supreme Court lawyer Md Sohebuuzzaman filed the petition, arguing the allotments violate articles 21 and 36 of the Constitution, which guarantee fundamental rights, as well as section 37 of the Road Transport Act 2018.

The act requires a clear 10-metre space on both sides of roads to remain free.

Sohebuuzzaman told bdnews24.com the government drew up a policy in 2026 to formalise hawker allotments on footpaths and roads, which he said runs against the Constitution.

"[On Monday] there was a hearing. The government side then sought time. After that, [on Tuesday] there was another hearing, and the High Court issued the rule," he said.

He said the petition does not target any single clause of the policy but challenges its overall purpose of allowing hawkers to occupy footpaths and roads.

Blocking the 10m road clearance, he argued, restricts the public's freedom of movement and contributes to traffic congestion, both of which are “unconstitutional”.

Lawyer Md Rokonuzzaman appeared in court on behalf of the petitioner.