Case Number: Writ Petition No. 4191 of 1998

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Date of filing: 1998/12/28

Petitioners

Bangladesh Legal Aid and Services Trust (BLAST)

Respondents

Secretary, Ministry of Home Affairs;

Md. Alauddin Miah

Facts

BLAST filed a writ petition challenging the detention of Md. Zaved, a ten year old boy, under the Special Powers Act, 1874 (SPA), based on a news item published in the Mukta Kantha on 28.12.1998. The detainee was falsely implicated under Section 25B of the Act and the District Magistrate had issued an order for his detention for 30 days under Section 3(2).

Rule/Order/Judgment

Date: 18/04/1999

Details

The High Court issued a Rule Nisi, and upon hearing delivered judgment on 18.04.1999, where the Court discharged the Rule without costs as the Government had in the meantime revoked the detention order following the publication of the report. After citing a number of reported cases from domestic and foreign jurisdictions, and discussing at length the abuse of power by police forces, the Court observed that provisions of law should not be indiscriminately misused or abused in curtailing the fundamental rights of citizens.

Justices

Mr. Justice Fazlul Karim

Mr. Justice Md. Ali Asgar Khan

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Reference

4 BLC (HCD) (1999) 600

Area of law

Safeguards on Arrest,
Children’s Rights

Keywords

Child’s Detention Under Special Powers Act

Relevant statute

Constitution, Articles 31, 32, 33, 35 and 36;