PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 8283 of 2005
Date of filing: 2005/11/20
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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, Manikganj

Facts

Shukur Ali, a minor boy, was convicted under S.6 (2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain 1995 by the Nari-o-Shishu Nirjatorn Bishesh Adalat, Manikganj (a special Tribunal) on 12 July, 2001 and was sentenced to death. He (Shukur Ali) 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 (Shukur Ali’s) imprisonment as illegal detention under an unconstitutional law.

Rule/Order/Judgment
Date: 02/03/2010


Details

The High Court delivered its judgment on 02.03.2010, in which it said that Section 6(2) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain 1995, now repealed, was unconstitutional. It upheld the verdict of the Tribunal at Manikganj, but stayed the execution for two months to allow an appeal to the Appellate Division and gave a certificate to that effect.

Justices

Mr. Justice Md. Imman Ali

Mr. Justice Sheikh Abdul Awal



Database Last Updated on: 2017-02-12 15:26:45
Reference
63 DLR (2011) 10
Area of law
Life,
Children's Rights,
Fair Trial
Keywords
Death Penalty; Death Sentence
Relevant statute

Constitution, Articles 7, 26, 27, 31, 32, 35, 35(5) and 102(1), (2)(b)(i);
Nari o Shishu Nirjatan (Bishesh Bidhan) Ain 1995;
Children’s Act, 1974





Case Number: Writ Petition No. 8283 of 2005
Date of filing: 2005/11/20

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, Manikganj

Facts

Shukur Ali, a minor boy, was convicted under S.6 (2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain 1995 by the Nari-o-Shishu Nirjatorn Bishesh Adalat, Manikganj (a special Tribunal) on 12 July, 2001 and was sentenced to death. He (Shukur Ali) 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 (Shukur Ali’s) imprisonment as illegal detention under an unconstitutional law.


Rule/Order/Judgment
Date: 02/03/2010:
Details

The High Court delivered its judgment on 02.03.2010, in which it said that Section 6(2) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain 1995, now repealed, was unconstitutional. It upheld the verdict of the Tribunal at Manikganj, but stayed the execution for two months to allow an appeal to the Appellate Division and gave a certificate to that effect.

Justices

Mr. Justice Md. Imman Ali,  
Mr. Justice Sheikh Abdul Awal



Reference
63 DLR (2011) 10

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

Keywords
Death Penalty; Death Sentence

Relevant statute

Constitution, Articles 7, 26, 27, 31, 32, 35, 35(5) and 102(1), (2)(b)(i);
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)
Civil Review Petition No. 76 of 2015 (arising on Civil Appeal No. 116 of 2010)
Database Last Updated on: 2017-02-12 15:26:45
Full Judgment Link: http://www.blast.org.bd/content/judgement/wp8283-2005shukurali.pdf