HC questions Jashore judge’s authority for sentencing child to rigorous imprisonment
The High Court today questioned the authority of Jashore Children's Court Judge Mahmuda Khatun for sentencing a child to rigorous imprisonment in a case filed under the Explosive Substances Act.
The court asked Judge Mahmuda to show causes in writing within a month under what authority her court had sentenced the child to rigorous imprisonment for three years and two years (concurrently) in two sections of the Explosive Substances Act although there is no provision for children's court to sentence a child to rigorous imprisonment.
The HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman came up with the order during hearing a jail appeal filed by the convicted child through jail authorities challenging the children's court's verdict.
The bench admitted the jail appeal for hearing and granted bail to the child in the case, Deputy Attorney General Sarwar Hossain Bappi told The Daily Star.
He said a children's court can sentence a child to simple imprisonment in a case, but cannot sentence to rigorous imprisonment under the Children Act, 2013.
After examining the facts and documents annexed with the jail appeal, the HC bench issued the show cause to Judge Mahmuda Khatun, the DAG said.
DAG Sarwar, however, could not share details about the incident for which the case was filed against the child under the Explosive Substances Act, 1898.
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