PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 1341 of 2000
Date of filing: 2000/03/12
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Petitioners
  1. Bangladesh Legal Aid and Services Trust (BLAST)
  2. Alamgir Hossain
Respondents

Bangladesh and others

Facts

BLAST, along with a convict under the Nari o ShishuNirjatan (BisheshBidhan) Ain, 1995, Alamgir Hossain, filed a writ petition challenging the judgment and order of sentence and conviction passed by the Nari o ShishuNirjatan Daman BisheshAdalat (Suppression of Violence Against Women and Children Tribunal), Comilla. The convict petitioner had been sentenced to imprisonment and fine under Section 5 (Kha) and 5 (Gha) of the Act after the Tribunal came to a conclusive decision that the age of the accused was aged 14-15 at the time of trial.

Rule/Order/Judgment
Date: 06/11/2001


Details

The High Court held that the trial had been held without jurisdiction and without lawful authority and that therefore the impugned judgment and order of conviction were void ab initio. The Court ordered the respondents to release the convict forthwith and also directed the authorities to take due care in conducting the cases of juvenile offenders under the Children Act. It also directed the respondents to send a copy of the judgment to all Deputy Commissioners for onward transmission to government officials.

Justices

Mr Justice Shah Abu NayeemMominur Rahman 

Mr. Justice Md. Arayes Uddin
 



Database Last Updated on: 2017-02-12 15:26:45
Reference
22 BLD (HCD) (2002) 206
Area of law
Children's Rights,
Fair Trial
Keywords
Unlawful Detention
Relevant statute

The Children Act, 1974;

The Code of Criminal Procedure, 1898





Case Number: Writ Petition No. 1341 of 2000
Date of filing: 2000/03/12

Petitioners
  1. Bangladesh Legal Aid and Services Trust (BLAST)
  2. Alamgir Hossain
Respondents

Bangladesh and others

Facts

BLAST, along with a convict under the Nari o ShishuNirjatan (BisheshBidhan) Ain, 1995, Alamgir Hossain, filed a writ petition challenging the judgment and order of sentence and conviction passed by the Nari o ShishuNirjatan Daman BisheshAdalat (Suppression of Violence Against Women and Children Tribunal), Comilla. The convict petitioner had been sentenced to imprisonment and fine under Section 5 (Kha) and 5 (Gha) of the Act after the Tribunal came to a conclusive decision that the age of the accused was aged 14-15 at the time of trial.


Rule/Order/Judgment
Date: 06/11/2001:
Details

The High Court held that the trial had been held without jurisdiction and without lawful authority and that therefore the impugned judgment and order of conviction were void ab initio. The Court ordered the respondents to release the convict forthwith and also directed the authorities to take due care in conducting the cases of juvenile offenders under the Children Act. It also directed the respondents to send a copy of the judgment to all Deputy Commissioners for onward transmission to government officials.

Justices

Mr Justice Shah Abu NayeemMominur Rahman ,  
Mr. Justice Md. Arayes Uddin
 ,  



Reference
22 BLD (HCD) (2002) 206

Area of law
Children's Rights,  Fair Trial

Keywords
Unlawful Detention

Relevant statute

The Children Act, 1974;

The Code of Criminal Procedure, 1898


Related Proceedings
Database Last Updated on: 2017-02-12 15:26:45
Full Judgment Link: http://www.blast.org.bd/content/judgement/22BLD-HCD-2002.pdf