The High Court on Sunday condemned the lower court's order to put a 17-year-old boy on remand and said that isolated incidents like this can discredit the entire judicial process against the acts of violence following the quota reform movement.
The court also observed that the teen, Hasanatul Islam Fayaz, should be provided with security under the Children Act, 2013
A petition, filed by Lawyer Dr Shahdeen Malik, challenging the legality of Fayaz’s detention and the police’s actions, including restraining him and placing him in a police van, led to the court’s intervention.
The bench of Justice Muhammad Khurshid Alam Sarker and Justice SM Moniruzzaman expressed their displeasure after hearing the issue.
Representing the state, Additional Attorney General Sheikh Mohammad Morshed assured the court that Fayaz would not be remanded and that his family could file for bail.
The court remarked: "We saw on TV that his father provided all documents proving the boy's age as 17. Yet, the magistrate did not take this into account! Is it necessary to persist in wrongdoing to justify these actions? This should not be the case.
“While there has been significant acts of violence, isolated incidents like this could discredit the entire issue. Such judicial misconduct could also undermine the credibility of the judiciary,” the court added.
At one point, the court asked the state lawyer: “What would you do if this were your child? Immediate action should be taken. We are not be issuing an order today (Sunday); the matter will be scheduled for a hearing on Monday.”
Following the court's instructions, Dr Shahdeen Malik said: “We have seen photographs in various newspapers showing a child being restrained and placed in a police van. We brought this to the judges' attention this morning.
“The court advised us to file a petition. Under the Child Act of 2013, there are clear guidelines stating that if someone needs to be arrested, the police must verify that they are over 18. The law also prohibits restraining a child with handcuffs,” he added.
Additional Attorney General Sheikh Mohammad Morshed confirmed: “We have learned that the detained individual is a minor and cannot be remanded. The High Court has directed that his remand be cancelled and that he be placed under his parents' custody.”
Earlier in the day, Chief Metropolitan Magistrate Court judge Tahmina Haque suspended Fayaz's remand after reviewing age verification documents (SSC and birth certificate) and referred the case to the relevant juvenile court for a determination of his age.
The court also ordered that Fayaz be declared a minor and sent to a juvenile development centre.
On Saturday, Fayaz was produced before a lower court in the capital and placed on seven days' remand in the case.
The minor was recently arrested as the 16th accused among 17 in a case related to the killing of policeman Giyas Uddin near Matuail Hospital in Jatrabari.
The case statement says Faiaz was 19 years old.
However, according to his birth registration, the Dhaka College student is a little over 17 as he was born on April 19, 2007.
