Staff Correspondent
Noor Mohammad Rabin, 17, was sitting at his uncle's bike showroom adjacent to the Shia Masjid in the capital on the afternoon of July 20 when the police arrested him as a suspected accused, said his father Nurunnabi.
On July 22, he was sent to jail. He has been named as an accused in a sabotage case.
Nurunnabi claimed: "First, my son and one of his friends were dragged out of the bike showroom and beaten up by Chhatra League workers, and later handed over to the police. We could not meet him; my son is being taken to court today. We are seeking bail. He is 17 years old and studies in Mohammadpur Government Boys School."
He added: "My child is involved in extracurricular activities. He performs at various places as a stage artist; he was never involved in any sabotage."
Law enforcers brought Rabin and his friend to court in a white microbus on Monday afternoon. His father was waiting for his son at the Chief Metropolitan Magistrate’s court premises.
"My son is a minor and innocent," he told reporters. "I want the case to be verified by sending him to the Juvenile Court instead of keeping him in jail with other convicts. He will be traumatized."
As his son got out of the car and proceeded to court with the police, Nurunnabi told him: "Don't be afraid, don't be afraid. We are here."
Another father, Aluddin Islam, and mother Mosammat Tasnur, were sitting in the court premises and crying. They saw their son on Monday after nine days.
On July 20, the police took their son Sujan from the hospital, claimed Aluddin.
Sujan's age has been shown to be 20 years in the statement of the case.
The father said: "My son Sujan Islam works in AC fitting. A month and a half ago, he was seriously injured after falling from a 4th-floor building while working in the Shyamoli area. He had surgery on his head and legs, so he has to take some medicine regularly.
“He went out to buy his medicine from Farazy Diagnostic & Hospital Ltd at Natun Bazar that day. Later, the police called and informed me that my son had been arrested as a suspect in Bhatara police station. His name has been given in the case of sabotage, indicating that he was active in the movement. But my son is now 17 years, one month, and three days old. Why is he being kept in Keraniganj Jail?"
His lawyer, Mohammad Forhad Hossain, said: "A case has been filed against him with Bhatara police station. He is shown as accused number 25 out of 26 accused in a sabotage case, where he is arrested as a suspect in place of an unnamed accused. We have submitted other documents, including his birth registration, to the court, where his age is 17 years and three months. But the police forwarding shows his age as 20 years.
“His bail application was rejected by the court [on Monday]. We have requested that he be referred to Juvenile Court Tribunal-9. The court has fixed the date of the hearing for August 5, 2024. During this time, Sujan will be in Keraniganj Jail."
After his arrest on July 20, he was sent to jail on July 22, this lawyer confirmed.
Supreme Court lawyer Israt Hasan said: "If someone is less than 18 years of age by a day, he will be considered a child under the Child Rights Act, 2013, and will be tried in the Juvenile Court accordingly. Even if one's age is 18 as per the certificate but he claims to be under 18, he cannot be tried with adults before verifying the truth of his age."
What the act says
In accordance with the Penal Code 1860, it is of utmost importance to observe the post-crime circumstances of offenders falling within the purview of the Children Act 2013. Regarding children who come in conflict with the law, a softer and more humanistic approach has been taken in the Children Act 2013 to meet international standards under the UN Convention on the Rights of the Child.
As per Section 33(1) of the Children Act 2013, no child shall be sentenced to death, imprisonment for life, or imprisonment.
Where a child is found guilty of an offence punishable with death or imprisonment for life, the Children's Court may order the child to be detained in a Child Development Centre for a period of not less than three and not more than ten years. However, according to Section 34 of the Children Act 2013, if a child is found guilty of an offence not punishable with death or imprisonment for life, he may be ordered to be detained in a Child Development Centre for up to three years.
Moreover, a child whose behavior, character, and personality experience positive changes and who has not been charged with an offence of murder, rape, robbery, dacoity, drug-dealing, or any other heinous or serious offence, steps may be taken for the release of such a child as soon as they reach the age of 18. With that view, Section 34 further mentions that recommendations may be sent to the government three months before the child's attainment of such age of majority.
Where the child is charged with offences of the nature of seriousness mentioned in the previous paragraph, and the case is still under trial on the child's attainment of the age of 18, such a child may be transferred by the Child Development Centre to the Central or District Jail, subject to approval of the Children's Court as per Section 34(3) of the Act concerned.
