Staff Reporter :
The Appellate Division of the Supreme Court on Monday stayed a High Court verdict that declared illegal the conviction of children by mobile courts.
Chamber judge of the Appellate Division, Justice Md Nuruzzaman, passed the stay order following a petition filed by the government.
The apex court also asked the government to file a regular leave-to appeal petition challenging the HC verdict, said Attorney General Mahbubey Alam.
The stay order on the HC verdict would be in effect till filing of the leave-to appeal petition, the court said.
Attorney General Mahbubey Alam moved
the petition in the court saying that the government would move a leave-to-appeal petition before the SC challenging the HC verdict.
But only the children between the ages of 12 and 18 would be affected following the Appellate Division’s order, added the Attorney General.
The High Court on March 11 this year declared illegal the conviction of children by mobile courts.
At the same time, it declared void the conviction of 121 children who were found guilty by mobile courts led by Rapid Action Battalion (RAB).
The children were awarded different jail terms from six months to one year from May 03 to August 10 last year.
In its observation, the High Court said such conviction is not only illegal and unlawful, but also inhuman to the final dimension.
This had exposed the appearance of a parallel judicial system that is contrary to conventional law and the country’s Constitution, it added.
The court said, it has been proved through this verdict that all the 121 children were innocent.
The HC Bench of Justice Sheikh Hassan Arif and Justice Md Mahmud Hassan Talukder delivered the verdict after declaring a rule absolute.
The same Bench on October 31 last year issued the rule on a suo moto (voluntary) move following a news report published in a Bengali daily the same day.
In the rule, the HC wanted to know from the government authorities as to why the conviction of the children by the mobile courts should not be declared illegal.
According to the report, RAB mobile courts had jailed 121 children to six months to one year and kept them in children development centres in Jashore and Tongi.
Among them, 28 are 17 years old, 26 are 16 years, 20 are 15 years, 16 are 14 years and 11 are 12 years, seven are 13 years, 12 are between eight and 11 and another one’s age was not mentioned.
Barrister Md Abdul Halim and Advocate Ishrat Hasan had placed the newspaper report before the High Court Bench for necessary orders.
Home, Law, Public Administration, Social Welfare and Women and Children Secretaries, RAB Director General, caretakers of children development centres, Social Services Department Director General, Executive Magistrate Md Akhteruzzaman and others have been asked to comply with the rule.
The Appellate Division of the Supreme Court on Monday stayed a High Court verdict that declared illegal the conviction of children by mobile courts.
Chamber judge of the Appellate Division, Justice Md Nuruzzaman, passed the stay order following a petition filed by the government.
The apex court also asked the government to file a regular leave-to appeal petition challenging the HC verdict, said Attorney General Mahbubey Alam.
The stay order on the HC verdict would be in effect till filing of the leave-to appeal petition, the court said.
Attorney General Mahbubey Alam moved
the petition in the court saying that the government would move a leave-to-appeal petition before the SC challenging the HC verdict.
But only the children between the ages of 12 and 18 would be affected following the Appellate Division’s order, added the Attorney General.
The High Court on March 11 this year declared illegal the conviction of children by mobile courts.
At the same time, it declared void the conviction of 121 children who were found guilty by mobile courts led by Rapid Action Battalion (RAB).
The children were awarded different jail terms from six months to one year from May 03 to August 10 last year.
In its observation, the High Court said such conviction is not only illegal and unlawful, but also inhuman to the final dimension.
This had exposed the appearance of a parallel judicial system that is contrary to conventional law and the country’s Constitution, it added.
The court said, it has been proved through this verdict that all the 121 children were innocent.
The HC Bench of Justice Sheikh Hassan Arif and Justice Md Mahmud Hassan Talukder delivered the verdict after declaring a rule absolute.
The same Bench on October 31 last year issued the rule on a suo moto (voluntary) move following a news report published in a Bengali daily the same day.
In the rule, the HC wanted to know from the government authorities as to why the conviction of the children by the mobile courts should not be declared illegal.
According to the report, RAB mobile courts had jailed 121 children to six months to one year and kept them in children development centres in Jashore and Tongi.
Among them, 28 are 17 years old, 26 are 16 years, 20 are 15 years, 16 are 14 years and 11 are 12 years, seven are 13 years, 12 are between eight and 11 and another one’s age was not mentioned.
Barrister Md Abdul Halim and Advocate Ishrat Hasan had placed the newspaper report before the High Court Bench for necessary orders.
Home, Law, Public Administration, Social Welfare and Women and Children Secretaries, RAB Director General, caretakers of children development centres, Social Services Department Director General, Executive Magistrate Md Akhteruzzaman and others have been asked to comply with the rule.
