Form cell to monitor women, child cases: HC
The High Court has directed the Supreme Court registrar general to constitute a monitoring cell in order to observe whether the trial proceedings of cases under the women and children repression prevention law are finished in 180 days after their charge farming.
The monitoring cell will report to the relevant authorities for taking appropriate action the judges, public prosecutors and investigation officers who will fail to assign reasons for not disposal of cases under this law in 180 days, according to the HC verdict whose full text was released yesterday.
The bench of Justice M Enayetur Rahim and Justice JBM Hassan has delivered the short verdict on December 5 last year after hearing a suomoto rule on this issue.
The rule was issued during hearing a bail petition filed by a Milad Hossain, accused of a murder case filed under the Women and Children Repression Prevention Act, 2000.
Under section 20 of the Nari O Shishu Nirjaton Daman Ain (Women and Children Repression Prevention Act), 2000, the Nari O Shishu Nirjaton Daman Tribunal has to finish the trial proceedings of a case filed under this law in 180 days after its charge-framing.
According to section 31(ka) of the law, if the trial proceedings of a case are not finished in 180 days after framing its charges, the tribunal judge and its public prosecutor and police officer concerned of the case have to submit separate reports to the SC and government, mentioning the reasons for not finishing the trial, and then the authorities concerned of the SC and government will take necessary steps.
“Therefore, the Registrar General of the Supreme Court of Bangladesh is directed to constitute a Monitoring Cell headed by him or the Registrar of the High Court Division along with the Secretary or his representative not below the rank of Additional Secretary of the Ministry of Home Affairs and Law and Justice Division, Ministry of Law, Justice and Parliamentary Affairs. The Monitoring Cell shall monitor this aspect and shall submit report from time to time to the concerned authorities of the responsible persons for taking appropriate action in accordance with section 31Ka (3) of the Act, 2000 with a copy thereof to the Monitoring Committee for the Subordinate Judiciary of the Supreme Court,” the HC judges said in the full verdict.
The HC refused to grant bail to Millad Hossain as there is specific allegation against him and asked the trial court to finish the trial of the case against him in one year after receiving its judgment.
On November 1 last year, the HC asked the law secretary and SC registrar general to explain in 30 days whether there is any exercise of the section of the law and whether the SC and law ministry have taken any step in this regard.
The law secretary and SC registrar general on December 5 submitted two reports to the HC saying that none of the lower judge, public prosecutor and police concerned complies with the provision of women and children repression prevention law that asks them to assign reasons for not disposal of a case under this act in 180 days.
Petitioner’s lawyer Cumar Debul Dey told The Daily Star that the case was filed with Rangunia Police Station in Chittagong on February 19, 2015 against Milad Hossain on charge of killing his wife.
Later on, the case was sent to the Women and Children Repression Prevention Tribunal-2 of Chittagong for its trial.
The tribunal framed charges in the case on March 21 last year but could not finish the trial in 180 days, he said, adding that even no witness of the case appeared before the court yet.
Milad, who is now in custody, has filed a petition with the HC seeking bail in the case.