A Dhaka juvenile court on Sunday cancelled a seven-day remand order for Hasnatul Islam Faiyaz, ruling that he is a juvenile.
The teenager was arrested over the killing of a police constable during violent anti-quota protests in Dhaka's Jatrabari area on 19 July. Faiyaz was subsequently transferred to a Child Correctional Centre in Tongi, Gazipur.
Juvenile Court 3 in Dhaka issued the ruling after hearing a petition from Faiyaz's lawyer challenging the legality of the lower court's decision to remand him.
Faiyaz's lawyer Mozahidul Islam said his client is 17 but was remanded for seven days by Dhaka Metropolitan Magistrate Shanta Akhter on Saturday, despite the defence providing evidence of his age.
"After Saturday's order, the issue went viral on social media. In this situation, acting Chief Metropolitan Magistrate in Dhaka Hasibul Hoque called me on Sunday morning and expressed sorry," the lawyer added.
Mr Islam then filed a revision petition with the Dhaka Metropolitan Sessions Judge's court, which overturned the remand order and referred the case to a juvenile court.
Juvenile Court 3 Judge Roksana Begum Happy then cancelled the seven-day remand order and declared Faiyaz a juvenile.
Following the cancellation of his remand, the court sent Faiyaz to the Child Correctional Centre in Tongi, Gazipur.
Meanwhile, Supreme Court lawyer Shahdeen Malik petitioned a High Court bench on Sunday to issue a suo motu rule on the matter, attaching newspaper clippings.
The High Court bench of Justice Muhammad Khurshid Alam Sarkar and Justice S M Maniruzzaman asked him to file a writ petition and return for the afternoon session.
In the afternoon, Additional Attorney General Sk Md Morshed informed the court that the lower court had already cancelled the remand order for the boy and transferred him to a correction centre.
Dr Shahdeen Malik was unable to complete the filing process by Sunday but the case will come in the cause list for hearing on Monday, court sources said. Faiyaz's parents may seek custody during the hearing.
bikashju@gamil.com