A legal notice has been sent to relevant government authorities calling for the immediate procurement of advanced foreign air defence systems and the launch of research and development initiatives to build indigenous air defence capabilities to protect citizens and safeguard national security and sovereignty from the threat of modern aerial warfare.
Supreme Court lawyer Md Mahmudul Hasan sent the notice in the public interest on Tuesday, 24 March.
The notice was sent to the cabinet secretary, defence secretary, finance secretary, principal staff officer (PSO) of the Armed Forces Division, and the commandant of the Bangladesh Ordnance Factories. The recipients have been requested to initiate the process of procuring modern foreign air defence systems and allocating necessary funds and infrastructure for domestic technology innovation within 15 days of receiving the notice, and to inform about the steps taken.
The notice stated that if appropriate action is not taken within the stipulated time, legal measures will be pursued.
The notice states that a significant portion of the national budget is allocated annually to the country’s defence sector. This substantial amount of money is spent from the hard-earned tax money of the people.
Therefore, the general public has every right to ask whether, after spending such a vast amount of money, the military is capable of protecting the country’s airspace, sovereignty, and its citizens from enemy missile attacks, airstrikes, and drone strikes.
The legal notice mentions that the strategies and nature of modern warfare have completely changed. Currently, aerial attacks through advanced missiles, fighter jets, and drones are becoming much more intense than conventional ground warfare.
However, according to reports from various media and defence analysts, Bangladesh currently has a severe deficiency in an effective and comprehensive air defence system. In this context, if attacked by missiles, fighter jets, or drones by a foreign state, the lives of ordinary civilians, along with military installations, would be in grave danger.
Noting that regional instability, the ongoing civil war in neighbouring Myanmar, and geopolitical tensions could put Bangladesh’s sovereignty at risk, the notice further stated that neighbouring India has already purchased and deployed the advanced Russian S-400 air defence system.
To maintain regional balance and military deterrence capability, Bangladesh also needs to immediately procure the US Patriot or an equivalent advanced Chinese air defence system.
Simultaneously, to reduce long-term dependence on foreign technology and cut costs, it is strategically essential to initiate domestic research and development for building an indigenous air defence system.
Referring to Articles 31 and 32 of the constitution, the notice states that it is the constitutional duty of the state to ensure citizens’ right to life and right to access the law. Leaving the country’s airspace undefended is a gross negligence of the government’s constitutional obligations and a direct violation of the fundamental right to life of the people.
