Detention of 4 Children In Rape Case: Sr judicial magistrate apologises to HC
Barishal Senior Judicial Magistrate Enayet Ullah yesterday offered unconditional apology and expressed grief to the High Court for sending four children, who were arrested in a rape case, to the custody of a child development centre beyond his jurisdiction.
Enayet Ullah appeared before the HC yesterday in line with its orders issued on October 8 night and apologised, saying that his court has no jurisdiction to deal with the case filed against the children, Deputy Attorney General Rawroz MR Chowdhury told The Daily Star.
After accepting the apology, the HC bench of Justice Md Mozibur Rahman Miah and Justice Mohi Uddin Shamim exempted him from personal appearance before this court in this case.
The bench also stayed the proceedings of the rape case till disposal of the suomuto (voluntary) rule issued by this court on October 8, asking the authorities concerned to explain why filing the case against the children and their detention should not be declared illegal.
The HC fixed November 22 for further hearing of the rule, DAG Nawroz said.
Earlier in the day, Abul Kalam, officer-in-charge of Bakerganj Police Station in Barishal, appeared along with the four children and their guardians before the HC bench in line with October 8 directive.
After hearing their statements confidentially, the court also exempted them from personal appearance in the case.
At 9:30pm night on Thursday, the two HC judges operated the bench virtually and directed the Nari o Shishu Nirjaton Daman Tribunal of Barishal to instantly grant bail to four children, who were arrested on October 7 in the case filed on charge of raping a six-year-old in Bakerganj.
In a suomuto (voluntary) order, the HC directed the authorities concerned to release the four children, 10 to 12 years of age, from the custody of a development centre at Pulerhat in Jashore on bail and hand them over to their guardians by that night.
OC Abul Kalam was ordered to submit a report to the SC special officer by 10:30am on October 9 in this regard.
The HC bench led by Justice Md Mozibur Rahman Miah came up with the order following a report broadcast on a private television channel on the incident of arresting the children and "inhumanly" taking them to the centre, following rejection of their bail prayer.
The HC judges also ordered Enayet Ullah, who ordered police to send the children to the centre, to appear before the HC bench yesterday morning for his explanation.
The bench ordered the OC to appear before it along with the children and their guardians. It also asked the registrar of Barishal Medical College Hospital to submit the medical report of the victim child to this court.
The Nari o Shishu Nirjaton Daman Tribunal of Barishal granted bail to the children immediately after being communicated with the HC order.
The incident took place on October 4. According to the case statement, the four boys raped the girl in the pretext of playing. The victim disclosed the matter to her mother after she fell sick on Oct 6. Her father filed the case the same day.
Bakerganj police arrested them on October 7 and produced them to the court of the senior judicial magistrate the same day. He rejected their bail petitions and ordered police to send them to the development centre.
The children were handed over to their parents in early hours on October 9 after they were released from the centre in line with the HC directive.
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