PUBLIC INTEREST LITIGATION (PIL)

Bangladesh National Women Lawyers’ Association (BNWLA)

1. Secretary, Ministry of Home Affairs
2. Inspector General of Police, Ramna, Dhaka
3. Officer-in-Charge, Badda Police Station, Dhaka
4. Mr. AnisrurRahman (Former D.I.G, P.S. Badda, Bashundhara)

In 05.06.2006, the daily newspapers Jugantor and Janakhantha published news about a former DIG who claimed to be the father of septet (7 children born at the same time). BNWLA conducted an in-depth fact finding of the incident. After that BNWLA filed a write petition to take the custody of 7 children to its shelter home ‘Proshanti’.

The Court issued a Rule Nisi upon the Respondents to show cause as to why Respondent No.4 should not be directed not to remove any of the seven children beyond the territory of Badda police station without prior permission from this Court. The Court further directed that Respondent No. 4 shall allow a visit by the petitioner through two representatives to the children once a week, and Respondent No.2 to undertake a DNA test at Mount Elizabeth Hospital in Singapore in respect of the children and their alleged mother, the wife of Respondent No.4, escorted by two membersof the petitioner, to be completed within four months from the date as prayed. The Court also directed that the children should be brought back to Bangladesh immediately after the completion of the said DNA test.

Justice Mr. Nazrul Islam Chowdhury

Justice Mr. Zubayer Rahman Chowdhury

The Court directed a Sibling DNA Test to be carried out on all seven (7) children on 08.08.2008, after the non-compliance of the parents, Respondent Nos. 4 and 6 to contribute to a DNA test. The DNA tests reflected that all 7 children are highly unlikely to be related to each other, and as such the Court directed that they were being illegally detained by the Respondents. The Court made the Rule and the supplementary Rule absolute and gave direction to BNWLA for the custody of the children to keep them at their shelter  home ‘Proshanti’ till the age of 18 years.

Mr. Justice Syed Mahmud Hossain
Mr. Justice Farid Ahmed