The High Court has declared the sentencing of children illegal and null and void in the mobile court. The verdict said, ‘Any allegation against a child should be tried only in a juvenile court. Far from being a mobile court, it would be illegal for a lower court judge to try children.

The 31-page judgment was published on the Supreme Court’s website after judges of a bench headed by High Court Justice Sheikh Hassan Arif signed a copy of the judgment.

The verdict quashed the sentences of 121 children in a mobile court.

Even if adults and children are involved in a crime together, the juvenile will be tried only by the juvenile court. If any other court gives sentence, it will be illegal. The mobile court cannot give any punishment. Because, if a mobile court punishes a child, that punishment will violate fundamental and human rights in Articles 30 and 35 of the Constitution. Fundamental and human rights have also been violated in punishing 121 children.

Earlier, on March 11, the rule issued in this regard was declared appropriate by the High Court Justice Sheikh Hasan Arif and Justice Md. A bench comprising Mahmud Hasan Talukder pronounced the verdict.

The court said in its judgment, “The process by which the 121 children have been sentenced at the same time through the conduct of the mobile court is a violation of human rights and inhumane.” At the same time such sentencing has tarnished the country’s reputation abroad regarding our judicial process. So it has to be stopped now. ‘

Dismissing the sentences of the children, the court said, “As a result of the cancellation of the sentences of 121 children, it has been established that they are completely innocent.” In the future, the shadow of the punishment of the mobile court should not fall on their lives.

On October 31, 2019, the High Court ordered the release of 121 children detained at the Jessore and Tongi Child Development Centers following a sentence passed by a mobile court. At the same time, the court issued a rule asking why the sentences and detentions given to children by the mobile court should not be declared out of legal authority. The children were later released on a court order.

Earlier, a report was published in a national daily under the headline “Obey the law, but still punish 121 children”. Taking cognizance of the report, the High Court issued orders and rules for the release of the children. Barrister Abdul Halim brought the report to the notice of the court. He was accompanied by Advocate Ishrat Hasan.