Fatwa illegal

HC rules against all extra-judicial punishments upon writ petitions

– Ashutosh Sarkar

The High Court in a verdict yesterday declared illegal all kinds of extrajudicial punishment including those made in the name of fatwa in local arbitration.

The court directed the authorities concerned to take punitive action against the people involved in enforcing fatwa against women.

Anyone involved, present or taking part in or assisting any such conviction or execution would come under purview of the offences under the penal code and be subject to punishment, the court observed.

It also observed infliction of brutal punishment including caning, whipping and beating in local salish [arbitration] by persons devoid of judicial authority constitutes violation of the constitutional rights.

The court said the people’s rights to life and equal protection have to be treated in accordance with the law.

As per the rules of the Constitution, the citizens will not be subject to cruel, inhumane and degrading treatment or punishment, the HC said.

The HC bench of Justice Syed Mahmud Hossain and Justice Gobinda Chandra Tagore came up with the verdict in response to three separate writs. The petitions were filed by rights organisations — Bangladesh Legal Aid and Services Trust (BLAST), Ain o Salish Kendra (ASK), Bangladesh Mahila Parishad, BRAC Human Rights and Legal Services, and Nijera Kori, and four Supreme Court lawyers — Advocate Salahuddin Dolon, Barrister Mahbub Shafique, Advocate AKM Hafizul Alam and Barrister Imaran-ul Hye.

Read more >>- The Daily Star