Release children under 12 convicted by mobile courts

The High Court yesterday observed that mobile courts have no jurisdiction to convict or sentence any child for an offence. Only, the Shishu Adalot (children’s court) can deal with cases filed against children as per the Children Act-2013, it said while issuing a suo moto (voluntary) rule.

Making the observation, the HC ordered the government to immediately release children -- aged under 12 years -- who were convicted by mobile courts at various times and kept in juvenile correction centres across the country.

The court said children [under 12 years] have no understanding of the consequence of offences, and therefore they cannot be convicted by mobile courts and kept in correction centres.

It also granted six months’ bail to children -- aged between 12 and 18 -- who were convicted by mobile courts and kept in the correction centres.

They will be released subject to the satisfaction of the children’s court concerned, after furnishing bail bond, the HC said.

At the same time, the court asked authorities concerned of the government to make separate files on the cases against children convicted by mobile courts and sent to correction centres, and to send them to the HC in seven working days.

It issued the suo moto rule asking authorities to explain why the conviction of children by mobile courts should not be declared illegal.

The HC bench of Justice Sheikh Hassan Arif and Justice Md Mahmud Hassan Talukder came up with the order and rule, following a report published in Bangla daily Prothom Alo earlier this week.

According to the report, mobile courts have illegally jailed 121 children for six months to one year and sent them to juvenile correction centres in Tongi and Jashore.

Barrister Md Abdul Halim and Advocate Ishrat Hasan placed the newspaper report before the HC bench for necessary orders.

After Barrister Halim read out the news report, Justice Sheikh Hassan Arif observed that the HC has declared the mobile court law illegal and therefore, the conviction of children by mobile courts is also illegal.