PUBLIC INTEREST LITIGATION (PIL)

The State

1. Secretary, Ministry of Home Affairs
2. Secretary, Ministry of Law, Justice and Parliamentary Affairs
3. Secretary, Ministry of Public Administration
4. Secretary, Ministry of Social Welfare
5. Children Court (Nari-O-ShishuNirjatan Daman Tribunal, designated as District Judge, Barishal),
6. Deputy Commissioner, Barishal,
7. Deputy Commissioner, Jashore
8. Senior Judicial Magistrate, Cognizance Court, Bakerganj, Barishal
9. District Social Welfare Officer, Barishal
10. District Social Welfare Officer, Jashore
11. Probation Officer, Office of the District Social Welfare, Barishal
12. Superintendent, Children Development Centre, Pulerhat Police Station, Kotwali, Jashore
13. Officer-in-Charge, Bakerganj Police Station, Barishal and
14. Child Assistant Police Officer (CAPO), Bakerganj Police Station, Barishal

On 7^th October, 2020 a private Channel, Shomoy TV reported a shocking  incident that an FIR lodged by a father of a 7-year-old girl child in Bakerganj dated 06.10.2020 alleging that his child was raped by her four playmates boy aged around 9-10 years on 04.10.2020. On the basis of the said FIR, police arrested those 4 (four) children and inhumanly taken them to Jessore Children Development Centre following rejection of their bail prayer by Senior Judicial Magistrate, Barishal,

When the matter went viral into social media, a Divisional Bench of the Hon’ble High Court Division comprising Mr. Justice Md Mozibur Rahman Miah and Mr. Justice Mohi Uddin Shamim came up with the order around 10:00pm at 7th October suo moto and in the order their Lordship directed the Nari O Shishu Nirjaton Daman Tribunal of Barishal to instantly grant bail to four children.

The Court issued Suo Moto Rule Nisi upon the respondents to show cause as to why the four children shown arrested in the FIR should not be directed to bring before this court so as to satisfy itself that they are not being in custody and the case initiated and being proceeded against them without lawful authority or in an unlawful manner and/or such other or further order or orders passed as to this Court may seem fit and proper. 

The learned Judge, Children Court, Barishal (Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Barishal) is hereby directed to sit a court at his official residence right at this moment upon taking out the record of the case from the Senior Judicial Magistrate, Bakerganj intimating the respective lawyers of the case and that of the respective Prosecutor of the tonight through the Special Officer, Bangladesh Supreme Court, Dhaka. 

The Special Officer, Supreme Court of Bangladesh, Dhaka is directed to transmit this order to the concerned Judicial Officers of Barishal District Court, the Deputy Commissioner- Barishal and Jashore, the Officer-in-Charge – Bakerganj Police Station, Barishal, the Officer-in-Charge- Kotwali, Jashore as well as Probation Officer, Jashore Children Development Centre at their respective official phone number of e-mail. 

The Rule is returnable within 4 (four) weeks from date. Put up the record on 22.11.2020 for passing further order. The Office is directed to transmit the notice of this order to all the respondents with usual course and through registered post treating it utmost importance. 

Intervener Application filed on behalf of  the Children’s Charity Bangladesh Foundation (CCB Foundation) and the Bangladesh Legal Aid and Services Trust (BLAST).

Mr. Justice Md. Mozibur Rahman Miah 
Mr. Justice Mohi Uddin Shamim

After hearing the submission the  court pleased to allow both the CCB Foundation & the BLAST as Intervenor.

Mr. Justice Md. Mozibur Rahman Miah
Mr. Justice Mohi Uddin Shamim