PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Suo Moto Rule No: 16 of 2020
Date of filing: 2020/10/07
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Petitioners

The State

Respondents
  1. Secretary, Ministry of Home Affairs
  2. Secretary, Ministry of Law, Justice and Parliamentary Affairs
  3. Secretary, Ministry of Public Administration
  4. Secretary, Ministry of Social Welfare
  5. Children Court (Nari-O-ShishuNirjatan Daman Tribunal, designated as District Judge, Barishal),
  6. Deputy Commissioner, Barishal,
  7. Deputy Commissioner, Jashore
  8. Senior Judicial Magistrate, Cognizance Court, Bakerganj, Barishal
  9. District Social Welfare Officer, Barishal
  10. District Social Welfare Officer, Jashore
  11. Probation Officer, Office of the District Social Welfare, Barishal
  12. Superintendent, Children Development Centre, Pulerhat Police Station, Kotwali, Jashore
  13. Officer-in-Charge, Bakerganj Police Station, Barishal and
  14. Child Assistant Police Officer (CAPO), Bakerganj Police Station, Barishal
Facts

On 7th October, 2020 a private Channel, Shomoy TV reported a shocking  incident that an FIR lodged by a father of a 7-year-old girl child in Bakerganj dated 06.10.2020 alleging that his child was raped by her four playmates boy aged around 9-10 years on 04.10.2020. On the basis of the said FIR, police arrested those 4 (four) children and inhumanly taken them to Jessore Children Development Centre following rejection of their bail prayer by Senior Judicial Magistrate, Barishal,

When the matter went viral into social media, a Divisional Bench of the Hon’ble High Court Division comprising Mr. Justice Md Mozibur Rahman Miah and Mr. Justice Mohi Uddin Shamim came up with the order around 10:00pm at 7th October suo moto and in the order their Lordship directed the Nari O Shishu Nirjaton Daman Tribunal of Barishal to instantly grant bail to four children.

Rule/Order/Judgment
Date: 07/10/2020


Details

The Court issued Suo Moto Rule Nisi upon the respondents to show cause as to why the four children shown arrested in the FIR should not be directed to bring before this court so as to satisfy itself that they are not being in custody and the case initiated and being proceeded against them without lawful authority or in an unlawful manner and/or such other or further order or orders passed as to this Court may seem fit and proper. 
The learned Judge, Children Court, Barishal (Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Barishal) is hereby directed to sit a court at his official residence right at this moment upon taking out the record of the case from the Senior Judicial Magistrate, Bakerganj intimating the respective lawyers of the case and that of the respective Prosecutor of the tonight through the Special Officer, Bangladesh Supreme Court, Dhaka. 
The Special Officer, Supreme Court of Bangladesh, Dhaka is directed to transmit this order to the concerned Judicial Officers of Barishal District Court, the Deputy Commissioner- Barishal and Jashore, the Officer-in-Charge - Bakerganj Police Station, Barishal, the Officer-in-Charge- Kotwali, Jashore as well as Probation Officer, Jashore Children Development Centre at their respective official phone number of e-mail. 
The Rule is returnable within 4 (four) weeks from date. 
Put up the record on 22.11.2020 for passing further order. 
The Office is directed to transmit the notice of this order to all the respondents with usual course and through registered post treating it utmost importance. 

 

Justices

Mr. Justice Md Mozibur Rahman Miah and

Mr. Justice Mohi Uddin Shamim



Date: 18/11/2020


Details

Intervener Application filed on behalf of  the Children’s Charity Bangladesh Foundation (CCB Foundation) and the 

Bangladesh Legal Aid and Services Trust (BLAST).

Justices

Mr. Justice Md. Mozibur Rahman Miah 

Mr. Justice Mohi Uddin Shamim



Date: 09/12/2020


Details

After hearing the submission the  court pleased to allow both the CCB Foundation & the BLAST as Intervenor.

Justices

Mr. Justice Md. Mozibur Rahman Miah

Mr. Justice Mohi Uddin Shamim 



Database Last Updated on:
Area of law
Equality,
Freedom from torture,
Children's Rights,
Fair Trial,
Access to Justice,
Accountability and Institutional Reform
Keywords
Children's Right
Relevant statute

Sections 4,13,14,44, 52(4) of the Children Act, 2013.

Section 82 of the Penal Code 1860





Case Number: Suo Moto Rule No: 16 of 2020
Date of filing: 2020/10/07

Petitioners

The State

Respondents
  1. Secretary, Ministry of Home Affairs
  2. Secretary, Ministry of Law, Justice and Parliamentary Affairs
  3. Secretary, Ministry of Public Administration
  4. Secretary, Ministry of Social Welfare
  5. Children Court (Nari-O-ShishuNirjatan Daman Tribunal, designated as District Judge, Barishal),
  6. Deputy Commissioner, Barishal,
  7. Deputy Commissioner, Jashore
  8. Senior Judicial Magistrate, Cognizance Court, Bakerganj, Barishal
  9. District Social Welfare Officer, Barishal
  10. District Social Welfare Officer, Jashore
  11. Probation Officer, Office of the District Social Welfare, Barishal
  12. Superintendent, Children Development Centre, Pulerhat Police Station, Kotwali, Jashore
  13. Officer-in-Charge, Bakerganj Police Station, Barishal and
  14. Child Assistant Police Officer (CAPO), Bakerganj Police Station, Barishal
Facts

On 7th October, 2020 a private Channel, Shomoy TV reported a shocking  incident that an FIR lodged by a father of a 7-year-old girl child in Bakerganj dated 06.10.2020 alleging that his child was raped by her four playmates boy aged around 9-10 years on 04.10.2020. On the basis of the said FIR, police arrested those 4 (four) children and inhumanly taken them to Jessore Children Development Centre following rejection of their bail prayer by Senior Judicial Magistrate, Barishal,

When the matter went viral into social media, a Divisional Bench of the Hon’ble High Court Division comprising Mr. Justice Md Mozibur Rahman Miah and Mr. Justice Mohi Uddin Shamim came up with the order around 10:00pm at 7th October suo moto and in the order their Lordship directed the Nari O Shishu Nirjaton Daman Tribunal of Barishal to instantly grant bail to four children.


Rule/Order/Judgment
Date: 07/10/2020:
Details

The Court issued Suo Moto Rule Nisi upon the respondents to show cause as to why the four children shown arrested in the FIR should not be directed to bring before this court so as to satisfy itself that they are not being in custody and the case initiated and being proceeded against them without lawful authority or in an unlawful manner and/or such other or further order or orders passed as to this Court may seem fit and proper. 
The learned Judge, Children Court, Barishal (Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Barishal) is hereby directed to sit a court at his official residence right at this moment upon taking out the record of the case from the Senior Judicial Magistrate, Bakerganj intimating the respective lawyers of the case and that of the respective Prosecutor of the tonight through the Special Officer, Bangladesh Supreme Court, Dhaka. 
The Special Officer, Supreme Court of Bangladesh, Dhaka is directed to transmit this order to the concerned Judicial Officers of Barishal District Court, the Deputy Commissioner- Barishal and Jashore, the Officer-in-Charge - Bakerganj Police Station, Barishal, the Officer-in-Charge- Kotwali, Jashore as well as Probation Officer, Jashore Children Development Centre at their respective official phone number of e-mail. 
The Rule is returnable within 4 (four) weeks from date. 
Put up the record on 22.11.2020 for passing further order. 
The Office is directed to transmit the notice of this order to all the respondents with usual course and through registered post treating it utmost importance. 

 

Justices

Mr. Justice Md Mozibur Rahman Miah and

Mr. Justice Mohi Uddin Shamim


Date: 18/11/2020:
Details

Intervener Application filed on behalf of  the Children’s Charity Bangladesh Foundation (CCB Foundation) and the 

Bangladesh Legal Aid and Services Trust (BLAST).

Justices

Mr. Justice Md. Mozibur Rahman Miah ,  

Mr. Justice Mohi Uddin Shamim


Date: 09/12/2020:
Details

After hearing the submission the  court pleased to allow both the CCB Foundation & the BLAST as Intervenor.

Justices

Mr. Justice Md. Mozibur Rahman Miah

Mr. Justice Mohi Uddin Shamim ,  



Reference

Area of law
Equality,  Freedom from torture,  Children's Rights,  Fair Trial,  Access to Justice,  Accountability and Institutional Reform

Keywords
Children's Right

Relevant statute

Sections 4,13,14,44, 52(4) of the Children Act, 2013.

Section 82 of the Penal Code 1860


Related Proceedings
Database Last Updated on:
Full Judgment Link: https://bdpil.org.bd/assets/uploads/pdf/66d63-suo-moto-rule-16-of-2020.pdf