Case Number: Writ Petition No. 8283 of 2005

Home 9 PIL Cases 9 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judgment on 02.03.2010, in which it said that Section 6(2) of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain 1995, now repealed, was unconstitutional.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

Download as PDF

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