Chamber judge stays High Court order shutting down structurally weak Mouchak Market

The chamber judge of the Supreme Court has stayed for six weeks a High Court order shutting down Mouchak Market in Dhaka’s Malibagh.

Chamber judge Justice Mirza Hussain Haider issued the stay following an appeal by the market’s traders’ association on Tuesday.

Lawyer AM Amin Uddin, who is representing the traders, told bdnews24.com, “The High Court had ordered the shutting of shops. But the chamber judge has halted the order for six weeks. So, shopkeepers can run their business.”

But the court order for a renovation of the building remains in force.

Counsel for the building owner Barrister Mohtar Hossain said: “The chamber judge has amended the High Court order to say the traders are can keep their shops open at their own risk.”

Last Thursday, owner of Mouchak Market building Ashraf Kamal Pasha had moved the High Court challenging a RAJUK order to close down his market.

After the initial hearing, a High Court bench comprising Justices Quamrul Islam Siddique and Razik-Al-Jalil had issued the renovation order together with a rule.

The High Court had ruled that all shops would remain shut until the building was renovated in accordance with a BUET report and certified for building norm compliance.

In May 2014, RAJUK had written to the Mouchak Market owner, saying the building was old and posed a hazard to thousands of people entering it daily.

It asked the owner to have the building inspected by BUET and get its certificate regarding structural safety.

But the owner continued to host the market in the building despite an adverse BUET report. It said the building’s foundation and columns were weak, it was vulnerable to earthquake, and that posed a grave threat unless repaired.

RAJUK also instructed the owner to begin repairs overseen by experts.

The letter had added that the owner would be responsible if any accident were to happen because of the building’s structural vulnerability.