The chamber court of the Appellate Division yesterday stayed a High Court verdict that declared illegal and unconstitutional any punishment meted out to children by executive magistrate-run mobile courts across the country. Chamber judge of the Appellate Division, Justice Md Nuruzzaman passed the stay order following a petition filed by the government. However, the chamber judge asked the government to file a leave-to appeal petition before the Supreme Court challenging the HC verdict. The chamber court also said that its stay order on the HC verdict would be in effect till filing the leave-to appeal petition. Attorney General Mahbubey Alam, who moved the petition before the chamber judge, told the court that the government would file a leave-to-appeal petition before the Appellate Division challenging the HC verdict.

Earlier on March 11, in a verdict the HC declared illegal and unconstitutional any punishment imposed on children by mobile courts across the country.

The court also scrapped the sentences levied on 121 children by mobile courts. An HC bench comprising Justice Sheikh Hassan Arif and Justice Md Mahmud Hasan Talukder delivered the verdict after hearing a suo moto rule issued by the court on October 31 last year.

In its verdict, the HC bench declared the actions of mobile courts in convicting children and sentencing them on different charges as illegal and unconstitutional. It also directed the authorities concerned to release any such convicted children immediately. The HC bench observed that the 121 children are deemed fully innocent following the cancelation of their punishment.

On November 18 last year, the HC had directed the government to provide information on how many children less than 12 years of age had been released from child development centres where they were detained after being convicted by mobile courts.

The government was also ordered to state how many children aged between 12 and 18 years, who were convicted by the mobile courts, had been released so far.

In addition, the government was asked to provide information about the children’s guardians following their release.

On October 31, the same HC bench, in a suo moto move, had directed the government to release immediately any children under the age of 12 years who were detained at child development centres following their conviction by mobile courts.

The HC also granted a six-month bail to convicted children within the age group of 12 and 18 years. These children must be released upon submission of bail bonds to the courts concerned, the HC order said.

The HC bench issued the directives after a news report was published in a national daily with the headline, “121 children got sentenced despite legal barrier”.

The report stated that the country’s mobile courts had illegally jailed 121 children for six months to one year, and these children were held at child development centres in Tongi and Jashore. Supreme Court lawyer barrister Md Abdul Halim and advocate Ishrat Hassan had placed the newspaper report before the HC bench.