PUBLIC INTEREST LITIGATION (PIL)

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WP 11733 of 2025
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Case Number: Writ Petition No. 11733 of 2025

Date of filing: 21/07/25

Petitioners:

 

  1. Utpal Biswas
  2. Abeda Gulrukh

Added Party:

Bangladesh Legal Aid and Services Trust (BLAST)

 

 

Respondents

1. Secretary, Ministry of Home Affairs.
2. Secretary, Ministry of Women and Children Affairs.
3. Secretary, Ministry of Law, Justice and Women Affairs.
4. Inspector General of Police, Dhaka.
5. Superintendent of Police,Gopalganj.
6. Superintendent of Police, Jashore.
7. Jailor, Gopalganj Jail.
8. Superintendent, Jashore Phulerhat Shishu Unnayan Kendra

Facts:

 

Date: 2024/04/22

On 20.07.2025 following the publication of a news report titled “277 people arrested in Gopalganj sent to jail, including 9 children,” it came to light that nine children had been detained and sent to jail along with adult detainees. This situation indicated a failure on the part of the concerned authorities to comply with their statutory and international legal obligations relating to the treatment and protection of children. Consequently, alleging non-compliance with the provisions of the Children Act, 2013 and the United Nations Convention on the Rights of the Child (UNCRC), a writ petition being No. 11733 of 2025 was filed before the Hon’ble High Court Division, seeking judicial intervention and appropriate directions.

Rule: Rule Nisi and direction

On 27 September 2025, after a preliminary hearing of the Public Interest Litigation (Writ Petition No.11733 of 2025) a bench of the High Court Division comprising Justice Kazi Zinat Hoque and Justice Aynun Nahar Siddiqua issued a Rule Nisi calling upon the respondents to show cause as to why the impugned inaction of the respondents in failing to consider the provisions of the Children Act, 2013 and the Convention on the Rights of the Child (adopted and opened for signature, ratification and accession by the General Assembly Resolution 44/25 of 20 November 1989, and entered into force on 2 September 1990, in accordance with Article 49), in respect of the child rights concerns reported in the Daily Samakal on 20.07.2025 under the headline “গোপালগঞ্জে গ্রেপ্তার ২৭৭ জন কারাগারে, রয়েছে ৯ শিশু ও, should not be declared to have been made without lawful authority and to be of no legal effect; and further, as to why a direction should not be issued upon respondent No. 1 to constitute an inquiry committee to investigate the matter concerning the arrested children and to submit a report before the Hon’ble High Court.

27.07.2025

Order
Judgment

Details

Justices

Justice Kazi Zinat Hoque and Justice Aynun Nahar Siddiqua

Area of law: 

Article 31, 32 and 33 of Bangladesh Constitution.

Keywords

Authority Negligence

Relevant statute

Children Act, 2013

 

Date:

Details