M&C represented foreign nationals and project personnel in securing relief from travel restrictions affecting the implementation of a major infrastructure project in Bangladesh.
The High Court Division recently considered a challenge to a travel restriction imposed on foreign nationals and project personnel engaged in the implementation of a major infrastructure project in Bangladesh.
The dispute originated from a commercial arrangement with a subcontractor that was subsequently escalated into criminal proceedings following the involvement of a third-party financial institution. During the course of the investigation, an order was obtained restricting the movement of several individuals connected with the project, including foreign nationals employed by a globally recognised engineering and construction company.
The travel restrictions significantly affected the mobility of key project personnel involved in the implementation of the infrastructure project and raised important legal questions concerning the intersection of commercial disputes, criminal investigations, and the rights of individuals lawfully employed in Bangladesh.
Having no other effective remedy, the affected individuals approached the High Court Division seeking relief against the travel embargo and permission to enter and leave Bangladesh without restriction.
Following hearings, the High Court Division issued a Rule and permitted the foreign nationals and other project personnel to enter and leave Bangladesh without any travel embargo. In doing so, the Court directed the foreign nationals to submit compliance before the appropriate Court upon entering Bangladesh, thereby balancing the requirements of the ongoing investigation with the practical realities of an international infrastructure project.
The proceedings highlight the supervisory role of the High Court Division in ensuring that restrictions affecting personal liberty and freedom of movement are subjected to appropriate judicial scrutiny, particularly where the underlying dispute originates from a commercial relationship.
The matter was handled by the Cross-Border Dispute Resolution Team of Mahbub & Company, led by A.M. Mahbub Uddin Khokon, Senior Advocate and Head of Chamber, together with Saqeb Mahbub, Partner, Rifat Rahman, Senior Associate, and Sohrawardy Arafat Khan, Associate.
