ZAHIDA AHMED (LIZA) Vs. SYED NOOR UDDIN AHMED

JUDGEMENT

(1.) In this application under Article 102 of the Constitution of the Peoples Republic of Bangladesh, a Rule Nisi has been issued calling upon the respondents to show cause as to why the detenu Syed Shafin Ahmed (Ayon), aged 10 years son of Zahida Ahmed (Liza) now detained in the custody of the respondents should not be brought before this Court so that this Court may satisfy itself that he is not being held in custody without lawful authority or in an unlawful manner.

(2.) The facts leading to the issuance of the Rule, in brief, are: The petitioner was given in marriage to respondent No. 1 on 27.2.1998. The petitioner is the mother of the detenu child. She has been residing in London, England for the last 6 years. Currently, she has been enrolled in two years diploma course in business management and marketing at London Reading College, London, England. She has also been employed part time as a child care worker at City Literacy Institute. Respondent No. 1 is the father of the detenu. He had been employed in a number of jobs, most recently as a kitchen porter in Park Town Casino, London until his sudden departure from the U.K in December 2008.

(3.) On 6.11.1998, the detenu Ayon was born to the petitioner and respondent No. 1 and he is now ten years old. He has been living with his parents in London since he was three years old. After arrival in London, the detenu was diagnosed with significant psychological and physical health problems and had been suffering from chronically poor growth and difficulty in eating. He requires regular treatment and care for his condition and has been receiving such specialist treatment and care while living in London. The detenu has been enrolled in the reception class (nursery) at the Holy Trinity St. Sailors Primary School, Camden, London. He had been studying there for the past six years prior to his wrongful removal from the petitioners custody. The detenu had been receiving specialized support for his speech and language difficulties. He had been cared for and nurtured exclusively by his mother (petitioner), since his birth and had never been parted from her until his removal from her custody by respondent No. 1 on 29.12.2008.