Detention of 4 children: HC orders to suspend 6 policemen, withdraw criminal jurisdiction of Sr judicial magistrate

Declaring the detention and arrest of four children in connection with a rape case in Barishal in October last year as "illegal and contradictory to fundamental rights",  the High Court today ordered the home secretary to immediately suspend six police personnel of Bakerganj Police Station of the district including its officer-in-charge and the probation officer and to take departmental action against them.

On October 7 last year, Bakerganj police arrested the four children and produced them before the court of Barishal's Senior Judicial Magistrate Md Enayet Ullah the same day. The magistrate rejected their bail petitions and ordered police to send them to the development centre. The children were taken to a development centre at Pulerhat in Jashore.

Today, delivering verdict on a suo muto (voluntary) rule, the HC ordered the law secretary to immediately withdraw the criminal jurisdiction of Senior Judicial Magistrate Enayet Ullah for ordering to send the minors to the custody of child development centre without granting them bail.

The HC observed that the ignorance of Enayet Ullah about the Children Act, 2013 in dealing with the case against the four children is unpardonable and the unconditional apology offered by him before this court is unacceptable, as he sent the children to the custody although he had no jurisdiction to do so.

The law secretary will withdraw the criminal jurisdiction of Judicial Magistrate Enayet Ullah and will provide him only civil jurisdiction in consultation with the Supreme Court, said the HC bench of Justice Md Mozibur Rahman Miah and Justice Md. Kamrul Hossain Mollah.

The bench struck down the rape case filed by the police against the four children saying that the police have filed the case in violation of their fundamental rights and relevant law.

The HC has turned down the unconditional apology offered by the police and probation officer, saying they will continue violating the human rights if stern action is not taken against them. 

Read More: Detention of 4 Children In Rape Case: Sr judicial magistrate apologises to HC