HC rule on govt to free wrongfully jailed Arman
Published : Wednesday, 24 April, 2019 at 12:00 AM Count : 644
The High Court (HC) on Tuesday issued a rule asking the government to explain why it should not be directed to release Md
Arman, a weaver at a Benarasi Palli in Dhaka's Mirpur area, who has allegedly been languishing in prison for more than three years in a drug case in place of the real accused.
The story of Arman is similar to that of Jaha Alam, who had to stay in jail for three years in place of the real accused in 26 corruption cases, Arman's lawyer Barrister Humayun Kabir Pallab told The Daily Observer.
Arman has been convicted for ten years in a drug trading case and has been rotting in jail for the last three years only because his father's name matched with that of a drug trader's father, the lawyer added.
Pallab filed the writ petition on behalf of the Law and Life Foundation, a human rights body, saying Arman has been languishing in jail for three years in place of the real accused Shahabuddin Bihari in connection with a drug case.
An HC bench, comprising Justice JBM Hassan and Justice Md Khairul Alam, held a hearing on the petition and issued rule asking the authorities concerned to show cause, why the detention of Arman should not be declared illegal and why an order will not be issued provide adequate compensation to Arman.
The court also asked the authorities to explain why it should not be directed to produce Arman before this court to satisfy it (court) that he was not arrested illegally.
Besides, it ordered the metropolitan sessions judge of Dhaka to send the record of the case in which Arman was arrested before the HC in seven days.
The bench fixed May 6 for passing further order on this issue, petitioner's lawyer Barrister Humayun said.
Police arrested Arman in January 2016 instead of original accused Shahabuddin Bihari, because his father's name matched with that of the drug trader's father Md Yeasin.
Police produced Arman before a lower court as Bihari and the court sentenced him to 10 years' imprisonment. But drug trader Shahabuddin Bihari is still at large and is running his business as usual.
Earlier, a similar incident of mistaken identity had happened in the case of Jaha Alam.
The person was arrested on February 6, 2016 after he was mistaken for Abu Salek, the real accused in 26 cases that the Anti Corruption Commission had filed in 2014 over loan fraud and embezzlement of Tk. 18.5 crore from Sonali Bank.
Jaha Alam was finally released from jail in February this after an HC order following newspaper reports on the matter.