HC tells State to pay damages to man convicted under ‘inappropriate law'

The High Court has ordered the State to pay Tk 5 million in damages to a man convicted of rape, noting that ‘inappropriate legal provisions’ were used against him 15 years ago.

Senior Correspondentbdnews24.com
Published : 25 May 2016, 09:10 AM
Updated : 25 May 2016, 05:16 PM

It overturned the life sentence handed down to Abdul Jalil, from Bhola, and ordered his immediate release if there were no other cases pending against him.

The details of the verdict pronounced by Justice AFM Abdur Rahman on Dec 15 last year were made public on Wednesday.

Jalil was 15 years old when he was sentenced to life imprisonment and fined Tk 20,000 in 2001 after trial as an adult under the Women and Children Repression Prevention Act.

He had filed an appeal against the court’s verdict.

The High Court, after resolving his appeal, said: “This court believes it is reasonable for the State to pay compensation to the accused. Therefore, this court orders the State to pay Tk 5 million as damages.”

The statement implied that the court verdict had ruined 14 years of Jalil’s adult life by forcing him into confinement.

“The verdict has been published. Jalil has not been released as far as I know,” said Additional Registrar Sabbir Foyez of the High Court Division.

High Court’s observation

>> Jalil’s trial as an adult means he was denied legal shelter.

>> The lower court did not alter its verdict even when HC ordered a retrial.

>> HC’s identification of the accused as a minor was ignored by the lower court judge.

>> The court allowed several prosecution pleas for more time but did not give bail to the accused, thus violating the Constitution by failing to ensure equal rights. 

>> The accused was tried in Women and Children Repression Prevention Tribunal even though Bhola’s District and Sessions judge formed a juvenile court to try his case.

>> The lower court judge cannot avoid responsibility for neglecting HC’s instructions.

>> The prosecution is accountable if the verdict is secured using unjust means.

The case was filed against Jalil at Charfashion Police Station for allegedly raping his neighbour’s five-year-old child on Sept 23, 2001.

Attorney General Mahbubey Alam said the High Court is seeing it as a ‘false case’. There should be an appeal against the part about the compensation because paying it will be ‘very difficult for the State’, he added.

“The State is not at fault here. There has been a complaint and a trial… it is possible that the judge or the prosecutor made mistakes. In that case it’s right to free the convict. If it is a false case then the person who filed it should pay damages.”

The Children Act from 1974 defines anyone below the age of 16 as a child and Jalil was 15 when the case’s investigation officer filed the chargesheet, the court said.

“It’s unfortunate how the court would honour every prayer for time by the prosecution while accused minor Abdul Jalil remained in jail.”

It said the State, the case’s prosecutor, must pay damages ‘to rid some of the pain caused in Jalil’s life’.