The High Court on Tuesday asked the government authorities to explain in four weeks why the authorities should not be directed to pay adequate compensation to the family of each of the  children who died in the 2026 measles outbreak due to the state’s alleged gross negligence and failure to control the crisis.

A total of 77 children were confirmed dead while 398 children died with measles symptom as of May 19, according to the Directorate General of Health Services.

The court also asked the DGHS to submit reports in 30 days on what steps had been taken so far to prevent the outbreak.

The court further directed the government authorities to explain why they shouldn’t be asked to form an inquiry committee to investigate the ‘root causes’ of the outbreak and identify those responsible.

The bench of Justice Razik-Al-Jalil and Justice Debasish Roy Chowdhury passed the order after hearing a public-interest-litigation writ petition filed by Mohammed Kawsar, coordinator of the human rights organisation ‘Law and Life Foundation Trust’. Kawsar is also a Supreme Court lawyer.

The same court after hearing another public-interest-litigation writ petition asked the government to explain in four weeks why an inquiry commission should not be formed to investigate the alleged failures of the authorities concerned over the measles outbreak.

Lawyer Mohammad Ashraful Islam filed the second writ petition and lawyer Syed Mamun Mahbub appeared for the hearing.

The court asked the respondents, including the health secretary, home secretary, cabinet secretary, public administration secretary and the DGHS director general, to explain why such a commission should not be constituted.

Kawsar’ lawyer Khan Mohammad Shamim Aziz submitted to the court that the interim government of Prof Muhammad Yunus had decided to halt vaccine procurement through UNICEF and to shift the responsibilities to the private sector through an open tender system without adequate transition arrangements, despite repeated warnings, amounted to gross negligence.

He further argued that the outbreak was a ‘man-made hazard’ directly linked to failures in public health governance and vaccine management.

He contended that the government authorities had failed to establish dedicated measles treatment units with necessary facilities, including intensive care unit, post intensive care unit, and testing services at the district hospitals and upazila health complexes across the country, forcing critically ill children to travel long distances in search of treatment.

Aziz was assisted by lawyer Humaun Kabir Pallob.

Attorney general Md Ruhul Quddus Kajal argued that the government took various measures to prevent the outbreak of the measles and the court should first access the update before issuing any rule and directives.

The attorney general was assisted by assistant attorney general Md Jasidul Islam Jony while Aziz was assisted by Humaun Kabir Pallob.