Case Number: Writ Petition No. 1341 of 2000

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Date of filing: 2000/03/12

Petitioners

Bangladesh Legal Aid and Services Trust (BLAST)
Alamgir Hossain

Respondents

Bangladesh and others

Facts

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.

Rule/Order/Judgment

Date: 06/11/2001

Details

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.

Justices

Mr Justice Shah Abu NayeemMominur Rahman

Mr. Justice Md. Arayes Uddin

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Reference

22 BLD (HCD) (2002) 206

Area of law

Children’s Rights,
Fair Trial

Keywords

Unlawful Detention

Relevant statute

The Children Act, 1974;