Bailey Road fire: Writ filed seeking shutdown of commercial establishments in residential buildings

A writ petition has been filed with with High Court seeking an order to close commercial establishments, including restaurants, in residential buildings of the capital city.

The writ also called for a comprehensive investigation into the Bailey Road's Green Cozy Cottage fire incident that took place on 29 February, aimed at arresting those responsible and ensuring suitable compensation for the affected families.

Supreme Court lawyer Yunus Ali Akhand filed the writ petition with the relevant branch of the High Court today (3 March).

The cabinet secretary, Home Affairs and Public Administration ministry secretaries, Inspector General of Police, Rajuk Chairman, and mayors of both Dhak South and North City Corporations have been made respondents to the writ.

Lawyer Yunus Ali said the petition will be placed for hearing before the High Court bench of Justices Naima Haider and Kazi Zeenat Haque.

On Thursday (29 February) night, a massive fire broke out reportedly in the Cha Chumuk on Dhaka's Bailey Road leaving at least 46 people dead and injuring dozens of people.

Of the deceased, there were two students of Bangladesh University of Engineering and Technology (Buet) and five members of a family.

Owners of building, restaurants sued

On Friday (1 March) night, police filed a case with Ramna police station against Amin Mohammad Group and three persons.

Amin Mohammad Group, the owner of the seven-storey shopping mall; Anwarul Haque, 29, owner of "Chumuk" fast food, where the fire originated; Munshi Hamimul Alam Bipul, 40, the building's manager, and Sohel Siraj, 34, the owner of "Kacchi Bhai" restaurant were made accused in the case, said Mohammad Salman Farsi, assistant commissioner of Dhaka Metropolitan Police (DMP) Ramna zone.

The accused have been charged with death by negligence and attempted murder. 

According to the case statement, Green Cozy Cottage, owned by Amin Mohammad Group and managed by Hamimul, has been leased for unauthorized commercial activities, breaching regulations.

The accused along with other restaurant owners and managers have been operating their business illegally by "managing the shop inspectors of Rajuk," it said.

During primary investigation, it has been revealed that the owner and manager of the building rented out the premises to multiple restaurants and shops without obtaining the necessary approvals from relevant authorities. These restaurants used gas cylinders and stoves for cooking without implementing adequate safety measures, said the statement. 

According to the statement, with the connivance of the building owner and the manager, the proprietors of various restaurants within the building have been storing a large number of gas cylinders on the ground floor and have been using these gas cylinders and gas stoves in a negligent, reckless, careless and dangerous manner without regard for public safety.

The statement said one such gas cylinder, stored in the kitchen of "Chumuk" restaurant, exploded, triggering a fire that engulfed the building, causing deaths and injuries through burns and suffocation to individuals in restaurants and shops on various floors.

The statement mentioned that the building was constructed as a residential building. Later, the accused, along with other businesses on different floors, managed to obtain commercial certificates from relevant authorities for conducting business within the structure.

However, the restaurant owners didn't have permission from the fire service office to use gas cylinders, and stoves for cooking. Moreover, the absence of sufficient fire extinguishers, firefighting equipment, and fire exit stairs further exacerbated the situation, it added.

The negligence, recklessness, and carelessness of the building owner and the accused led to the tragic deaths of 46 people, with many others sustaining severe burns and smoke-related injuries, said the case statement.