HC stays death sentence to minor convict for rape, murder
The court also issued a rule upon the government to show cause as to why the provision of the concerned law under which the case was filed and trial was done should not be declared unconstitutional and without lawful authority.
The HC rule came after hearing of a writ petition filed by Bangladesh Legal Aid and Services Trust (Blast) and Sukur Ali of Manikganj who was accused in the case when he was 14 years old. The rule is returnable in eight weeks.
For all latest news, follow The Daily Star's Google News channel. Secretaries of the ministries of law, justice and parliamentary affairs and home affairs, inspector general of police (IGP), the jailer of Dhaka Central Jail and deputy commissioner of Manikganj are the respondents.
In 1999, the rape and murder case was filed against Sukur Ali, son of Hashem Mondal, Shibrampur Tepra village in Shibalaya in Manikganj district, under Women and Children Repression Prevention (Special) Act, 1995.
The Women and Children Repression Prevention Special Tribunal of Manikganj, on July 12, 2001, awarded capital punishment to Sukur Ali, now in Dhaka jail.
After hearing the appeal of the case, the High Court on February 25, 2004 upheld the judgment of the trial court and the Appellate Division of the Supreme Court on February 23 this year also upheld the High Court verdict.
The Blast and Sukur Ali filed the writ petition in the High Court challenging the constitutional validity of section 6(2) of Women and Children Repression Prevention (Special) Act, 1995, carrying the provision of awarding death sentence to the convicts for killing any woman or child after rape.
The petition says the Women and Children Repression Prevention (Special) Act, 1995 has been replaced by Women and Children Repression Prevention Act, 2000, with a provision of life-term imprisonment and capital punishment as an alternative.
The petitioners also said section 6(2) of Women and Children Repression Prevention (Special) Act, 1995 is ultra vires to the constitutional guarantees.
Advocate MI Farooqui assisted by advocate Ruhul Quddus and advocate Abdul Mannan Khan moved for the petitioners while Additional Attorney General Fida M Kamal and Assistant Attorney General Razik-al Jalil for the government.