Why no compensation for arrested children: HC

The High Court today issued a rule asking the government to explain in four weeks as to why it should not be directed to give Tk 20 lakh in compensation to the family members of two children of Kamrangirchar, who were arrested in connection with a murder case.

It issued the rule for the negligence of police in properly applying the law regarding the arrest of eight-year-olds Yusuf and Joy Das in the case filed for killing another child, Alif Bhuiyan, in Kamrangirchar area.

A bench of Justice Quazi Reza-Ul Hoque and Justice Mohammad Ullah came up with the rule following a writ petition filed by rights organisation Children's Charity Bangladesh Foundation (CCBF) seeking explanation about the detention of the two children.

The organisation submitted the writ petition to the HC recently following a report published on the daily Prothom Alo under a headline "Lasher Porichoy Meleni- Dui Shishu Greftar" (identity of the dead body could not be found- two children arrested). 

In the rule the HC also asked the authorities concerned of the government to explain as to why violation of the provisions of the children act in arresting the two children should not be declared illegal.

The HC also asked the deputy commissioner of police of Lalbagh zone and officer in charge of Kamrangirchar Police Station to submit a report before this court by January 4 next year explaining how the ages of Yusuf and Joy Das were determined during their detention.

Petitioner's counsel Barrister Abdul Halim told The Daily Star that ages of Yusuf and Joy Das are less than nine years as per their birth certificates, but the police have arrested them violating the law.

Police cannot arrest any child, who is less than nine years old, as per the relevant provisions of the Children Act, 2013, he said, adding that the police have mentioned that the children are more than 12 years old in the case statement.

Barrister Halim said Alif Bhuiyan, son of Uzzal Bhuiyan of Kamrangirchar, died on September 29 this year and his body was recovered on October 11 and the same day police arrested Yusuf and Joy Das and tortured them in custody.

He said the CCBF in the petition prayed to the HC to direct the government to give Tk 20 lakh in compensation to the family members of Yusuf and Joy Das for the negligence of police in properly applying the law regarding their arrest.

Home secretary, inspector general of police, commissioner of Dhaka metropolitan police, DC of police Lalbabagh zone, OC of Kamrangirchar Police Station, director general of department of social welfare and its probation officer concerned and chief metropolitan magistrate of Dhaka have been made respondents to the rule, he added.