PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Civil Appeal 116 of 2010 (arising out of Writ Petition No. 8283 of 2005)
Date of filing: 2010/02/25
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Petitioners

1. Bangladesh Legal Aid and Services Trust (BLAST)
2. Md. Shukur Ali

Respondents

1. Secretary, Ministry of Home Affairs
2. Secretary, Ministry of Law, Justice and Parliamentary Affairs
3. Inspector General of Police(Prison)
4. Jailor, Dhaka Central Jail
5. Deputy Commissioner, District Manikganj

Facts

Shukur Ali, a child, was convicted under section 6(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain 1995 by the Nari-o-Shishu Nirjatan Bishesh Adalat, Manikganj (a Special Tribunal) on 12 July, 2001 and was sentenced to death. He was 14 years old at the time of occurrence and 16 years at the time of trial. He appealed the decision, which was upheld by both divisions of the Supreme Court. At this stage, BLAST became involved and challenged both the constitutional validity of the law terming his) imprisonment as illegal detention under an unconstitutional law.

Rule/Order/Judgment
Date: 05/05/2015


Details

The Court gave judgment holding the mandatory death sentence to be unconstitutional and ordered that there will be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under sentence of life imprisonment.

Justices

Mr. Justice Surendra Kumar Sinha
Chief Justice

Ms. Justice NazmunAra Sultana

Mr. Justice Syed Mahmud Hossain

Mr. Justice Hasan Foez Siddique

Mr. Justice Md. Imman Ali

Mr. Justice Sheikh Abdul Awal



Database Last Updated on: 2017-02-12 15:26:45
Reference
67 DLR (AD) 2015, 185
Area of law
Life,
Children's Rights,
Fair Trial,
Minority Rights
Keywords
Death Penalty; Death Sentence
Relevant statute

Articles 7, 26, 27, 31, 32, 35, 35(5), 102(1) (2) (b) (i), Part VI of the Constitution of the People’s Republic of Bangladesh;

Nari o Shishu Nirjatan (Bishesh Bidhan) Ain 1995;

Children’s Act, 1974





Case Number: Civil Appeal 116 of 2010 (arising out of Writ Petition No. 8283 of 2005)
Date of filing: 2010/02/25

Petitioners

1. Bangladesh Legal Aid and Services Trust (BLAST)
2. Md. Shukur Ali

Respondents

1. Secretary, Ministry of Home Affairs
2. Secretary, Ministry of Law, Justice and Parliamentary Affairs
3. Inspector General of Police(Prison)
4. Jailor, Dhaka Central Jail
5. Deputy Commissioner, District Manikganj

Facts

Shukur Ali, a child, was convicted under section 6(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain 1995 by the Nari-o-Shishu Nirjatan Bishesh Adalat, Manikganj (a Special Tribunal) on 12 July, 2001 and was sentenced to death. He was 14 years old at the time of occurrence and 16 years at the time of trial. He appealed the decision, which was upheld by both divisions of the Supreme Court. At this stage, BLAST became involved and challenged both the constitutional validity of the law terming his) imprisonment as illegal detention under an unconstitutional law.


Rule/Order/Judgment
Date: 05/05/2015:
Details

The Court gave judgment holding the mandatory death sentence to be unconstitutional and ordered that there will be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under sentence of life imprisonment.

Justices

Mr. Justice Surendra Kumar Sinha,   Chief Justice,  

Ms. Justice NazmunAra Sultana,  

Mr. Justice Syed Mahmud Hossain,  

Mr. Justice Hasan Foez Siddique

Mr. Justice Md. Imman Ali

Mr. Justice Sheikh Abdul Awal



Reference
67 DLR (AD) 2015, 185

Area of law
Life,  Children's Rights,  Fair Trial,  Minority Rights

Keywords
Death Penalty; Death Sentence

Relevant statute

Articles 7, 26, 27, 31, 32, 35, 35(5), 102(1) (2) (b) (i), Part VI of the Constitution of the People’s Republic of Bangladesh;

Nari o Shishu Nirjatan (Bishesh Bidhan) Ain 1995;

Children’s Act, 1974


Related Proceedings
Civil Review Petition No. 76 of 2015 (arising on Civil Appeal No. 116 of 2010)
Writ Petition No. 8283 of 2005
Database Last Updated on: 2017-02-12 15:26:45
Full Judgment Link: http://supremecourt.gov.bd/resources/documents/808470_CivilAppealNo.116of2010.pdf