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Parents can’t confine Canadian daughter: HC


Published : 12 Apr 2022 09:41 PM

The High Court said on Tuesday that the 19-year old Canadian girl, who had allegedly been confined for 10 months in her parents’ house at North Mugda in Dhaka, can’t be confined against her will. 

However, the Canadian government must ensure safety and security of the girl if she returns to that country, said the High Court. 

The HC bench of Justice Farah Mahbub and Justice SM Maniruzzaman observed this during the hearing of a writ petition filed by rights organisations-- Ain O Salish Kendra (ASK) and Bangladesh Legal Aid and Services Trust (BLAST). 

The writ petition was submitted seeking necessary directives from the High Court to release the girl and to allow her to go to Canada. The girl of Bangladeshi descent wants to leave her parents and move to Canada. 

Advocate ZI Khan Panna and Barrister Sara Hossain moved for the writ petition, while Advocate Ojiullah Khan stood for the parents of the girl and Assistant Attorney General Abul Kalam Azad represented the state. Representatives of the Canadian High Commission in Dhaka were also present in the High Court.

Earlier on April 5, following the writ petition the HC bench asked the police to produce the Canadian girl along with her parents before the court on April 10. 

Police produced the Canadian girl before the High Court on Sunday.  Her parents also appeared before the High Court. 

During the hearing on that day, the HC bench observed that parents should not impose any decision on children against their will.

The HC bench also heard the statements of the Canadian girl in a closed door courtroom. Later, the bench adjourned the hearing until April 12.

During the hearing on Tuesday, Barrister Sara Hossain requested the High Court to hand over the 19-year old girl to the Canadian High Commission in Dhaka.

The HC bench said that the Canadian national cannot be kept confined against her will as she is an adult and wants to go back to Canada. The parents should keep in mind that their children will look after them when they come of age.  

The court asked the parents of the girl to return her mobile phone, laptop and give her access to internet connection so that she can communicate with her friends and others.   

The HC bench verbally asked the father of the girl to produce her before it today  for hearing her statement.

According to the writ petition, the 19-year-old girl was born in Canada. She is a Canadian citizen by birth. She studies in Toronto University in Canada. Her parents used to live in Canada. They came to Bangladesh along with the girl, who is a Bangladeshi descent, 10 months ago. They told their girl that they were going to visit Bangladesh for some days. But afterwards her parents did not want to send her abroad anymore. The young woman then tried to return to Canada but she was not allowed to do so. In the circumstances, she sought help from the Canadian High Commission.

It was alleged in the writ petition that the girl’s mobile phone was snatched from her and her grandmother and mother kept her confined in the house all the time. At one point, the young woman told the Canadian government and the Canadian High Commission in Dhaka on landline that she had been forcibly kept confined in the house. The young woman expressed her desire to return to Canada.

Later, the Canadian High Commission in Dhaka filed a general diary with Mugda Police Station on February 9.