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PRESS RELEASE
10 February 2016
HIGH COURT ORDERS ON EMERGENCY MEDICAL SERVICES
The High Court today admitted a writ filed by Syed Saifuddin Kamal and the Bangladesh Legal Aid and
Services Trust regarding the absence of emergency medical services by hospitals, clinics and doctors across
the country.
The Court issued a Rule Nisi calling upon the respondents to show cause why the failure to ensure the
provision by existing hospitals and clinics, whether governmental or private, of emergency medical services
to critically injured persons should not be declared to be without lawful authority and in violation of the
fundamental right to access emergency healthcare being part of the right to life as guaranteed under articles
27, 31 and 32 of the Constitution and why the Ministry of Health and Directorate of Health Services should
not be directed to require hospitals, clinics and doctors to ensure immediate emergency medical services
when a critically injured patient is brought to them at point of time, and, if any hospital/clinic does not have
such a service, to ensure the person concerned is forwarded to the nearest available hospital with an
emergency service, and /or to incorporate such a requirement in the license issued to any private hospital or
clinic, and to set up a complaints system to receive reports regarding any such denial of services
The Hon‟ble Court also issued interim directions on the Ministry of Health and Ministry of Roads and
Bridges to report within 3 months on progress to date on ensuring emergency medical services for traffic
accident victims, in particular on measures to include emergency service provision under the National Road
Safety Strategic Action Plan 2014-2016 and to provide Court. It also directed the MoHFW and Ministry of
Roads and Bridges to propose guidelines for the operation and management of emergency medical services,
including the operation of an emergency reporting number, and for measures to create public awareness of
such services by way of dissemination through the press and electronic media. Finally, it directed the
Ministry of Health and the DG of the Directorate of Health Services to issue necessary guidelines by
notification in the official gazette for the protection of “good samaritans” – ie persons who come forward to
provide assistance to others who are critically injured - to be followed by hospitals, the police and all other
relevant authorities.
A Division Bench of the High Court, comprising Justice Moyeenul Islam Chowdhury and Justice Iqbal
Kabir, issued the orders today. Ms Sara Hossain, with Ms Rashna Imam, Ms Anita Ghazi Islam, Ms Sharmin
Akhter and Mr Rezaul Karim, Advocates appeared for the petitioners.
The petition was filed by BLAST and by Syed Saifuddin Kamal, a social entrepreneur, who as a „good
samaritan‟ had tried to ensure emergency medical services from local hospitals for a young man called
Arafat, a bus helper, who fell from a bus and was killed when the bus ran over him on the Airport Road near
Banani Dhaka.
The respondents are the Ministry of Health, the Ministry of Road Transport and Bridges the Directorate of
Health Services and the Bangladesh Medical and Dental Council.
For further information, please contact:
Barrister Anita Ghazi Rahman, Mo. No: 0173036917, Email: anita@legalcirclebd.
Barrister Rashna Imam, Mo. No: 01714136071, Email: rashna.imam@akhtarimam.com;
Sara Hossain, Mo. No: 01713031828, Email: shossain@khossain.com