Bangladesh and others
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.
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.
Mr Justice Shah Abu NayeemMominur Rahman
Mr. Justice Md. Arayes Uddin
The Children Act, 1974;
The Code of Criminal Procedure, 1898
Bangladesh and others
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.
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.
Mr Justice Shah Abu NayeemMominur Rahman ,
Mr. Justice Md. Arayes Uddin
,
The Children Act, 1974;
The Code of Criminal Procedure, 1898