Research Works by Dr. Sadiya S Silvee
BiLD Law Journal, 2020
Offences committed against women and children in Bangladesh are
now tried under Nari-O-Shishu Nir... more Offences committed against women and children in Bangladesh are
now tried under Nari-O-Shishu Nirjatan Daman Ain 2000. What will
happen if a child under the age of sixteen years commits a crime
punishable under the said Act of 2000? A similar question was raised
before the Bishesh Adalat, established under s 6(2) of the then NariO-Shishu Nirjatan (Bishesh Bidhan) Ain 1995, in State v Sukur Ali.
Despite having many judgments upon separate trial of juvenile from
adults, the Bishesh Adalat of Manikganj continued the trial of
juvenile Sukur Ali and convicted him with death penalty. Affirming
Sukur Ali’s death penalty, the High Court Division stated that section
3 of the 1995 Act was a ‘non-obstante clause’ and had an overriding
effect and the provisions of said Act of 1995 would prevail over the
Children Act 1974. Although Appellate Division commuted his death
sentence to imprisonment for life but it is a major question that
whether the trial of Sukur Ali has been in accordance with law. As
such, this paper attempts to dissect and analyse the whole trial from
Bishesh Adalat to AD and addresses whether Sukur Ali’s trial
appreciates the true spirit of article 31 of the Constitution, whether
Sukur Ali’s trial before the Bishesh Adalat was justified.
Accordingly, this article made a comparative analysis of Sukur Ali’s
trial with the established legal doctrines relating to the juvenile
justice system. Finally the paper aims at assessing the legality of
Sukur Ali’s trial before the Bishesh Adalat, suggesting an approach
that may be adopted by the judiciary while trying a juvenile.
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Journal of Governance and Innovation , 2018
Although the rule of law cuts across various policy fields and comprises political, constitutiona... more Although the rule of law cuts across various policy fields and comprises political, constitutional, and legal as well as human rights issues, there is no absolute consensus on all its elements. In the first place, the rule of law was expressed as "the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws." Hence, the state has to establish an equitable legal system that ensures "the right to a fair trial" also known as 'fair administration of justice.' Although the Constitution of Bangladesh, in the preamble, pledged to secure a socialist society "in which the rule of law, fundamental human rights and freedom, equality, and justice, political, economic and social, will be secured for all citizens," but it has curbed itself from assuring "the right to a fair trial" as one of the constitutional rights. Hence postulating that the right to a fair trial is one of the cardinal requirements of a democratic society abiding by the 'rule of law,' the paper examines whether "the right to fair trial" endorses a procedure for administrating a fair trial. Thereby, the paper first explores, whether "the right to fair trial" instigates any principal rights and privileges; secondly , giving special attention to Africa and EU practice, the paper examines whether these rights and privileges instigate a due process of law; and finally, discusses the rationales of assuring the right to a fair trial as a fundamental right. Eventually, by identifying the principle rights, the paper will manifest how these rights instigate indispensable obligations and accountability of the different stakeholders of the Judiciary. Additionally will evince how these rights can constitute the foundation of an equitable legal system endorsed by the 'rule of law'.
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BiLD Law Journal 4(1), 2019
My idea in this paper is that Article 111 of the Constitution is a strong reflection of the doctr... more My idea in this paper is that Article 111 of the Constitution is a strong reflection of the doctrine of binding precedent and it obliges the judicial organ to maintain a legal certainty. My submission is that a wide discretionary power entrusted to the judges under section 302 of the Penal Code leaves room for inconsistent and individual centric judgements which consequently is hindering the judicial organ to maintain a legal certainty. The focus then largely revolves surrounding the exercise of the discretionary power by the judges in the present sentencing system. First, whether there is any inconsistency in the decision of the HC benches while using their discretion under section 302 of PC. Second, whether bench system encourages inconsistency in the decision of the HCD and prevents the HCD to work as a whole. If so, can one HC bench can per incuriam the decision of another HC bench? Third, whether HCD has provided any specific direction for sentencing that has developed into a precedent. Keeping these questions in mind, this article makes an attempt to examine the application of Article 111 and 107 of the Constitution to maintain a legal certainty while sentencing.
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Articles by Dr. Sadiya S Silvee
In this paper I tried to focus on the development of sporting culture in our country and what ste... more In this paper I tried to focus on the development of sporting culture in our country and what steps can be performed to develop this culture.
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In this paper I tried to focus on the law relating to roads and highway safety.Here I have recomm... more In this paper I tried to focus on the law relating to roads and highway safety.Here I have recommended few addition and find out the reasons behind the increase in road accidents in Bangladesh.
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Teaching Documents by Dr. Sadiya S Silvee
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Research Works by Dr. Sadiya S Silvee
now tried under Nari-O-Shishu Nirjatan Daman Ain 2000. What will
happen if a child under the age of sixteen years commits a crime
punishable under the said Act of 2000? A similar question was raised
before the Bishesh Adalat, established under s 6(2) of the then NariO-Shishu Nirjatan (Bishesh Bidhan) Ain 1995, in State v Sukur Ali.
Despite having many judgments upon separate trial of juvenile from
adults, the Bishesh Adalat of Manikganj continued the trial of
juvenile Sukur Ali and convicted him with death penalty. Affirming
Sukur Ali’s death penalty, the High Court Division stated that section
3 of the 1995 Act was a ‘non-obstante clause’ and had an overriding
effect and the provisions of said Act of 1995 would prevail over the
Children Act 1974. Although Appellate Division commuted his death
sentence to imprisonment for life but it is a major question that
whether the trial of Sukur Ali has been in accordance with law. As
such, this paper attempts to dissect and analyse the whole trial from
Bishesh Adalat to AD and addresses whether Sukur Ali’s trial
appreciates the true spirit of article 31 of the Constitution, whether
Sukur Ali’s trial before the Bishesh Adalat was justified.
Accordingly, this article made a comparative analysis of Sukur Ali’s
trial with the established legal doctrines relating to the juvenile
justice system. Finally the paper aims at assessing the legality of
Sukur Ali’s trial before the Bishesh Adalat, suggesting an approach
that may be adopted by the judiciary while trying a juvenile.
Articles by Dr. Sadiya S Silvee
Teaching Documents by Dr. Sadiya S Silvee
now tried under Nari-O-Shishu Nirjatan Daman Ain 2000. What will
happen if a child under the age of sixteen years commits a crime
punishable under the said Act of 2000? A similar question was raised
before the Bishesh Adalat, established under s 6(2) of the then NariO-Shishu Nirjatan (Bishesh Bidhan) Ain 1995, in State v Sukur Ali.
Despite having many judgments upon separate trial of juvenile from
adults, the Bishesh Adalat of Manikganj continued the trial of
juvenile Sukur Ali and convicted him with death penalty. Affirming
Sukur Ali’s death penalty, the High Court Division stated that section
3 of the 1995 Act was a ‘non-obstante clause’ and had an overriding
effect and the provisions of said Act of 1995 would prevail over the
Children Act 1974. Although Appellate Division commuted his death
sentence to imprisonment for life but it is a major question that
whether the trial of Sukur Ali has been in accordance with law. As
such, this paper attempts to dissect and analyse the whole trial from
Bishesh Adalat to AD and addresses whether Sukur Ali’s trial
appreciates the true spirit of article 31 of the Constitution, whether
Sukur Ali’s trial before the Bishesh Adalat was justified.
Accordingly, this article made a comparative analysis of Sukur Ali’s
trial with the established legal doctrines relating to the juvenile
justice system. Finally the paper aims at assessing the legality of
Sukur Ali’s trial before the Bishesh Adalat, suggesting an approach
that may be adopted by the judiciary while trying a juvenile.
now tried under Nari-O-Shishu Nirjatan Daman Ain 2000. What will
happen if a child under the age of sixteen years commits a crime
punishable under the said Act of 2000? A similar question was raised
before the Bishesh Adalat, established under s 6(2) of the then NariO-Shishu Nirjatan (Bishesh Bidhan) Ain 1995, in State v Sukur Ali.
Despite having many judgments upon separate trial of juvenile from
adults, the Bishesh Adalat of Manikganj continued the trial of
juvenile Sukur Ali and convicted him with death penalty. Affirming
Sukur Ali’s death penalty, the High Court Division stated that section
3 of the 1995 Act was a ‘non-obstante clause’ and had an overriding
effect and the provisions of said Act of 1995 would prevail over the
Children Act 1974. Although Appellate Division commuted his death
sentence to imprisonment for life but it is a major question that
whether the trial of Sukur Ali has been in accordance with law. As
such, this paper attempts to dissect and analyse the whole trial from
Bishesh Adalat to AD and addresses whether Sukur Ali’s trial
appreciates the true spirit of article 31 of the Constitution, whether
Sukur Ali’s trial before the Bishesh Adalat was justified.
Accordingly, this article made a comparative analysis of Sukur Ali’s
trial with the established legal doctrines relating to the juvenile
justice system. Finally the paper aims at assessing the legality of
Sukur Ali’s trial before the Bishesh Adalat, suggesting an approach
that may be adopted by the judiciary while trying a juvenile