Judges, public prosecutors, cops don’t comply with Women and Children Repression Prevention Act provision

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, the law ministry and the Supreme Court administration told the High Court today.

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.

The law ministry and the SC registrar general’s office today submitted two separate reports to the HC, saying that the judges of the 54 Nari O Shishu Nirjaton Daman Tribunals across the country dealing with the relevant cases do not assign any reason for not disposal of a case under this law in 180 days.

The SC registrar general said in the report that the SC administration has recently issued a circular asking the tribunal judges to exercise the law.

The law ministry in its report said the ministry has asked the public prosecutors to follow the provisions of the law, Assistant Attorney General Shahidul Islam Khan told The Daily Star.

After examining the reports, the HC asked the authorities concerned to ensure that provisions of section 31(ka) of the Nari O Shishu Nirjaton Daman Ain are strictly applied and to take appropriate action against the judges, public prosecutors and investigation officers if they fail to comply with the provision.

The SC administration will take action if a judge fails to apply the provision, the law ministry and home ministry will take steps against the public prosecutor and investigation officer respectively for their failure to execute the provision.

The bench of Justice M Enayetur Rahim and Justice JBM Hassan passed the order during hearing a suomoto rule on this issue.    

On November 1, the judges 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 bench had passed the order during hearing a bail petition filed by a Milad Hossain, accused of a case filed under the Women and Children Repression Prevention Act, 2000.

Petitioner’s lawyer Cumar Debul Dey said 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 this 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 recently filed a petition with the HC seeking bail in the case.

Today, the HC ordered the lower court concerned to finish the trial proceedings of the case against Milad in 60 days.