Bangladesh Minority Watch (BDMW) received an appeal submitted by destitute father and mother of victim girl - Ms.Priya Das requesting us to accord legal assistance for rescue of their daughter from the Muslim perpetrators who was admittedly kidnapped on 24.03.2011 while Ms. Priya was going to attend her classes at about 13.00 hours at Bakalia Government Laboratory School -Chittagong.
Md. Al-Farhad @ Jonny, son of A.K.M. Fazlul Hoque residing at K.B. Aman Ali Road,Chittgagong kidnapped Ms.Priya Das (14) student of Class VI. on 24.03.2011. Md. Al-Farhat forcefully married her and converted her to Islam.
Mr. Mridul Kanti Das - father of victim lodged first information report (FIR) at Bakalia Police station at Chittagong on 26.03.2011 against 1) Al-Farhad (Jonny) son of A.K. Fazlull Hoque of K.B. Amlan Ali road, College Gate, Saleh Monjeel, Chittagong. As per FIR lodged it is alleged that while Ms.Priya Das used to attend her classes every day this accused Al-Farhad Jonny usued to eve-tease their daughter.
1. Name of Victim : Ms.
Priya Das (14) student of Class VI
2. Name of father : Mr.
Mridul Kanti Das
3. Name of mother : Mrs.
Bilashi Rani Das
3. Date of birth of victim
: 26.10.1997
4. Date of kidnapping :
24.03.2011 at about 13.00 hours.
5. Name of perpetrator :
Al-Farhad @ Jonny son of A.K.M. Fazlul Karim
6. Religion of the victim
: Hindu
7. Permanent Address of
the victim : Village and P.O. : Bailtali, Union 21, P.s. Chandanaish, District :
Chittagong.
As soon as the case
started against this perpetrator (Bakolia P.S. Case Number - 22 dated 24.03.2011
) Police arrested the perpetrator and recovered the victim girl, but at that
time the victim girl was repeatedly raped by Md. Al-Farhad and became pregnant.
As per medical report dated 30.06.2011 positive sign of sexual intercourse were
present.
Mr.M.R.Al-Azad - Tribunal Judge by his judgment and order dated 27.10.2011 most illegally allowed custody of the minor girl to Mrs. Nasima Begum, mother of the perpetrator instead of giving custody to legal guardian - father and mother despite written application for custody was filed before the Tribunal. The Tribunal Judge was of the opinion that as the minor is pregnant she might have custody of safer place. But the Tribunal Judge forgotten to realize that minor got father and mother who looked after and took care up to 14 years.
Mr. Sharif Mostafa Karim- Tribunal Judge in Charge of Women and Children Repression Court-Chittagong also by another order dated 01.12.2011 most illegally granted bail of the perpetrator despite vehement protest from the side of father and mother of the victim. Mr. Sharif Mostafa Karim was of the opinion that as the perpetrator has been in jail custody since long and the minor girl has been converted to Islam and the perpetrator should live with his wife - Ms.Priya Das.
Bangladesh Minority Watch (BDMW) on behalf of mother and father filed an appeal before the High Court Division of the Supreme Court of Bangladesh ( Criminal appeal Number 175 of 2012 and Criminal Revision No. 2478 of 2012) against the aforesaid orders of the Tribunal Judges made on 27.10.2011 and 01.12.2011.
Their Lordships Mr.Justice Sayed Mohammad Dastagir Hossain and Mr. Justice Govinda Chandra Thakur by their order dated 24.01.2012 directed Mrs.Nasima Begum to produce the victim girl before the High court on 14.02.2012. As per order of the court Mrs. Nasima Begum produced the victim girl along with a baby of two months for consideration. But the Division Bench of the High Court retained custody of the victim girl along with baby in the possession of Mrs. Nasima Begum but cancelled the order of bail granted by Mr. Sharif Mostafa Karim and directed the accused Al-Farhad Jonny and directed him to surrender before the court.
Mr.M.R.Al-Azad - Tribunal Judge by his judgment and order dated 27.10.2011 most illegally allowed custody of the minor girl to Mrs. Nasima Begum, mother of the perpetrator instead of giving custody to legal guardian - father and mother despite written application for custody was filed before the Tribunal. The Tribunal Judge was of the opinion that as the minor is pregnant she might have custody of safer place. But the Tribunal Judge forgotten to realize that minor got father and mother who looked after and took care up to 14 years.
Mr. Sharif Mostafa Karim- Tribunal Judge in Charge of Women and Children Repression Court-Chittagong also by another order dated 01.12.2011 most illegally granted bail of the perpetrator despite vehement protest from the side of father and mother of the victim. Mr. Sharif Mostafa Karim was of the opinion that as the perpetrator has been in jail custody since long and the minor girl has been converted to Islam and the perpetrator should live with his wife - Ms.Priya Das.
Bangladesh Minority Watch (BDMW) on behalf of mother and father filed an appeal before the High Court Division of the Supreme Court of Bangladesh ( Criminal appeal Number 175 of 2012 and Criminal Revision No. 2478 of 2012) against the aforesaid orders of the Tribunal Judges made on 27.10.2011 and 01.12.2011.
Their Lordships Mr.Justice Sayed Mohammad Dastagir Hossain and Mr. Justice Govinda Chandra Thakur by their order dated 24.01.2012 directed Mrs.Nasima Begum to produce the victim girl before the High court on 14.02.2012. As per order of the court Mrs. Nasima Begum produced the victim girl along with a baby of two months for consideration. But the Division Bench of the High Court retained custody of the victim girl along with baby in the possession of Mrs. Nasima Begum but cancelled the order of bail granted by Mr. Sharif Mostafa Karim and directed the accused Al-Farhad Jonny and directed him to surrender before the court.
As per order of the High Court Division the accused has not yet surrendered before the trial court.
As per Majority Act the minor can not give any consent as per law in BANGLADESH.
This is a critical situation as the minor Hindu victim gave birth to a child aged about 2 months. Bangladesh Minority Watch prayed for independent custody of the victim girl as well as the baby, but the High Court Division did not consider our prayer; rather allowed the father and mother of the victim to see their daughter at the house of perpetrator.
Bangladesh Minority Watch (BDMW) is expecting good judgments from the superior courts.
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