PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Civil Review Petition No. 76 of 2015 (arising on Civil Appeal No. 116 of 2010)
Date of filing: 2015/06/02
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Petitioners

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

Respondents

1. Bangladesh, represented by Secretary, Ministry of Home Affairs
2. Secretary, Ministry of Home Affairs
3. Secretary, Ministry of Law, Justice and Parliamentary Affairs
4. Inspector General of Police(Prison)
5. Jailor, Dhaka Central Jail 6. Jailor, Kashempur Jigh Security Central Jail
7. Deputy Commissioner, District Manikganj

Facts

Shukur Ali, a child, was convicted under section 6(2) of the Nari-o-ShishuNirjatan (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. Petitioner filed a review arises out of the judgment and order dated 05.05.2015 passed in Civil Appeal No. 116 of 2010 allowing the appeal in part and maintaining the death sentence against convict- appellant.

Rule/Order/Judgment
Date: 03/08/2015


Details
The Appellate Division on 03.08.2015 found no previous criminal records or any prior engagement in criminal activity of the petitioner. He was 14 years old at the time of commission of the offence and 16 years old at the time of farming of charge. The petitioner has been in condemned cell since 12.07.2001, that is, more than 14 years. Considering all aspects of the cases, the review petition is disposed of. The sentence of death imposed upon the petitioner is commuted to imprisonment for life.
Justices
Mr. Justice Surendra Kumar Sinha - Chief Justice
Ms. Justice Nazmun Ara Sultana
Mr. Justice Syed Mahmud Hossain
Mr. Justice Hasan Foez Siddique

Database Last Updated on: 2017-02-12 15:26:45
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 Review Petition No. 76 of 2015 (arising on Civil Appeal No. 116 of 2010)
Date of filing: 2015/06/02

Petitioners

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

Respondents

1. Bangladesh, represented by Secretary, Ministry of Home Affairs
2. Secretary, Ministry of Home Affairs
3. Secretary, Ministry of Law, Justice and Parliamentary Affairs
4. Inspector General of Police(Prison)
5. Jailor, Dhaka Central Jail 6. Jailor, Kashempur Jigh Security Central Jail
7. Deputy Commissioner, District Manikganj

Facts

Shukur Ali, a child, was convicted under section 6(2) of the Nari-o-ShishuNirjatan (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. Petitioner filed a review arises out of the judgment and order dated 05.05.2015 passed in Civil Appeal No. 116 of 2010 allowing the appeal in part and maintaining the death sentence against convict- appellant.


Rule/Order/Judgment
Date: 03/08/2015:
Details
The Appellate Division on 03.08.2015 found no previous criminal records or any prior engagement in criminal activity of the petitioner. He was 14 years old at the time of commission of the offence and 16 years old at the time of farming of charge. The petitioner has been in condemned cell since 12.07.2001, that is, more than 14 years. Considering all aspects of the cases, the review petition is disposed of. The sentence of death imposed upon the petitioner is commuted to imprisonment for life.
Justices
Mr. Justice Surendra Kumar Sinha - Chief Justice,   Ms. Justice Nazmun Ara Sultana,   Mr. Justice Syed Mahmud Hossain,   Mr. Justice Hasan Foez Siddique


Reference

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 Appeal 116 of 2010 (arising out of Writ Petition No. 8283 of 2005)
Writ Petition No. 8283 of 2005
Database Last Updated on: 2017-02-12 15:26:45
Full Judgment Link: http://www.blast.org.bd/content/writ/civil-re-petition-76-of-2015.pdf