PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 5359 of 2006
Date of filing: 2006/06/13
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Petitioners

Bangladesh National Women Lawyers’ Association (BNWLA)

Respondents
  1. Secretary, Ministry of Home Affairs
  2. Inspector General of Police, Ramna, Dhaka
  3. Officer-in-Charge, Badda Police Station, Dhaka
  4. Mr. AnisrurRahman (Former D.I.G, P.S. Badda, Bashundhara)
Facts

In 05.06.2006, the daily newspapers Jugantor and Janakhantha published news about a former DIG who claimed to be the father of septet (7 children born at the same time). BNWLA conducted an in-depth fact finding of the incident. After that BNWLA filed a write petition to take the custody of 7 children to its shelter home ‘Proshanti’.

Rule/Order/Judgment
Date: 08/06/2008


Details

The Court issued a Rule Nisi upon the Respondents to show cause as to why Respondent No.4 should not be directed not to remove any of the seven children beyond the territory of Badda police station without prior permission from this Court. The Court further directed that Respondent No. 4 shall allow a visit by the petitioner through two representatives to the children once a week, and Respondent No.2 to undertake a DNA test at Mount Elizabeth Hospital in Singapore in respect of the children and their alleged mother, the wife of Respondent No.4, escorted by two membersof the petitioner, to be completed within four months from the date as prayed. The Court also directed that the children should be brought back to Bangladesh immediately after the completion of the said DNA test.

Justices

Justice Mr. Nazrul Islam Chowdhury

Justice Mr. Zubayer Rahman Chowdhury



Date: 14/08/2008


Details

The Court directed a Sibling DNA Test to be carried out on all seven (7) children on 08.08.2008, after the non-compliance of the parents, Respondent Nos. 4 and 6 to contribute to a DNA test. The DNA tests reflected that all 7 children are highly unlikely to be related to each other, and as such the Court directed that they were being illegally detained by the Respondents. The Court made the Rule and the supplementary Rule absolute and gave direction to BNWLA for the custody of the children to keep them at their shelter  home ‘Proshanti’ till the age of 18 years.

Justices

Mr. Justice Syed Mahmud Hossain

Mr. Justice Farid Ahmed



Database Last Updated on: 2017-02-12 15:26:45
Reference
61 DLR (2009) 371
Area of law
Children's Rights
Keywords
Child Custody
Relevant statute

Constitution, Article 102 (2)(b)(i)





Case Number: Writ Petition No. 5359 of 2006
Date of filing: 2006/06/13

Petitioners

Bangladesh National Women Lawyers’ Association (BNWLA)

Respondents
  1. Secretary, Ministry of Home Affairs
  2. Inspector General of Police, Ramna, Dhaka
  3. Officer-in-Charge, Badda Police Station, Dhaka
  4. Mr. AnisrurRahman (Former D.I.G, P.S. Badda, Bashundhara)
Facts

In 05.06.2006, the daily newspapers Jugantor and Janakhantha published news about a former DIG who claimed to be the father of septet (7 children born at the same time). BNWLA conducted an in-depth fact finding of the incident. After that BNWLA filed a write petition to take the custody of 7 children to its shelter home ‘Proshanti’.


Rule/Order/Judgment
Date: 08/06/2008:
Details

The Court issued a Rule Nisi upon the Respondents to show cause as to why Respondent No.4 should not be directed not to remove any of the seven children beyond the territory of Badda police station without prior permission from this Court. The Court further directed that Respondent No. 4 shall allow a visit by the petitioner through two representatives to the children once a week, and Respondent No.2 to undertake a DNA test at Mount Elizabeth Hospital in Singapore in respect of the children and their alleged mother, the wife of Respondent No.4, escorted by two membersof the petitioner, to be completed within four months from the date as prayed. The Court also directed that the children should be brought back to Bangladesh immediately after the completion of the said DNA test.

Justices

Justice Mr. Nazrul Islam Chowdhury,  

Justice Mr. Zubayer Rahman Chowdhury


Date: 14/08/2008:
Details

The Court directed a Sibling DNA Test to be carried out on all seven (7) children on 08.08.2008, after the non-compliance of the parents, Respondent Nos. 4 and 6 to contribute to a DNA test. The DNA tests reflected that all 7 children are highly unlikely to be related to each other, and as such the Court directed that they were being illegally detained by the Respondents. The Court made the Rule and the supplementary Rule absolute and gave direction to BNWLA for the custody of the children to keep them at their shelter  home ‘Proshanti’ till the age of 18 years.

Justices

Mr. Justice Syed Mahmud Hossain,  
Mr. Justice Farid Ahmed



Reference
61 DLR (2009) 371

Area of law
Children's Rights

Keywords
Child Custody

Relevant statute

Constitution, Article 102 (2)(b)(i)


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45
Full Judgment Link: http://www.supremecourt.gov.bd/resources/documents/216639_Writ_Petition_5359-06.pdf