Placing Fayaz in remand, tying him with ropes was unlawful: Govt tells HC
The government told the High Court that juvenile law was violated by tying the hands of Hasanatul Islam Fayaz, 17, with rope while taking him to court in the case of police killing and sabotage in the Jatrabari area of the capital during the quota reform movement.
At the same time, applying for his remand also violated the law, said Additional Attorney General SM Munir today (29 July).
On behalf of the state, SM Munir told the High Court, "On Sunday, the trial court cancelled the remand of teenager Hasanatul Islam Fayaz in the case of police killing and sabotage at Jatrabari. At the same time the court ordered to continue his trial in the juvenile court."
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He said that putting the teenager in ropes and appealing for his remand was a violation of law.
"However, the wrong decision was taken owing to the fact that there was confusion about his age. We sincerely apologize for this," he said during the hearing on a writ petition filed by Supreme Court lawyer Shahdeen Malik questioning the challenging the legality of taking a 17-year-old boy on a seven-day remand in a case lodged with Jatrabari police station on charges of clashes and vandalism..
Following today's hearing and the government admitting its oversight the High Court bench of Justice Muhammad Khurshid Alam Sarkar and Justice SM Moniruzzaman dismissed the petition.
The lawyer Dr Shahdin Malik was in favour of the application in the court. Additional Attorney General SM Munir and Sheikh Md Morshed represented the state.
The state told the High Court on Sunday (28 July) that Hasanatul Islam Fayaz will not be remanded and ordered to be given protection under the Children's Act. Later the lower court canceled the remand of Fayaz.
