Case Number: Writ Petition No. 2589 of 2003

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Date of filing: 2003/04/02

Petitioners

1.Bangladesh Legal Aid and Services Trust (BLAST);

2.Noor Alam alias Nurul Alam

Respondents

1.Secretary, Ministry of Home Affairs;

2. Secretary, Ministry of Law, Justice and Parliamentary Affairs;

3. Secretary,

Ministry of Social Welfare Affairs;

4. The Court of Additional Sessions Judge, Rangpur;

5. Director (Institution), Department of Social Welfare;

6.Superintendent, National Juvenile Reformatory Centre, Tongi, Gazipur;

7.Jail Superintendent, Kashimpur Central jail, Konabari, Gazipur;

8. Mosammat Anowara Khatun

Facts

The instant case involves protection to the rights of petitioner No. 2 as a child under the Children Act, 1974, for the right to liberty from jail where he is serving out an illegal conviction and sentence incurred when he was a child. The petitioner No. 2 being detained in Kasimpur Jail, having no means to support his cause and mitigate his grievance in the Court of the Land is being provided with legal aid through petitioner no. 1.

Rule/Order/Judgment

Date: 07/04/2003

Details

The High Court issued a Rule Nisi upon the respondents to show cause as to why the letter dated 19.02.2002 and 27.02.2002 transferring petitioner No. 2 to Gazipur District Jail and therefore to Kasimpur Central Jail should not be declared to have been issued without lawful authority and to be of legal effect.

Justices

Mr Justice Md Abdul Aziz

Mr Justice Nozrul Islam Chowdhury

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Area of law

Safeguards on Arrest,
Liberty,
Freedom from torture,
Children’s Rights

Keywords

Noor Alam Unlawful Detention of Child Case

Relevant statute

Constitution, Article 102 (2) (b)(i);

The Children Act, 1974