Why 10 under-trial prisoners shouldn’t be granted bail, HC rules

Md Dablu, 28, from Fetrapara at Rajpara in Rajshahi, was sent to Rajshahi Central Jail on February 9, 2007, in connection with murder case filed with Poba Police Station on February 8 the same year.

He has been produced before the trial court concerned in Rajshahi for 110 times so far in the case, but its trial proceedings are yet to be finished.  

On primary information about such 10 under-trial prisoners including Dablu, who have been languishing in different prisons for more than nine years with a little progress of their trial proceedings, the High Court today ordered the jail authorities to produce them before it in order to examine their case status.

Two HC benches also issued separate rules asking the government to explain why the under trial prisoners should not be granted bail in the cases filed against them.

Five of the 10 accused prisoners have to be produced on May 29 and the rest five will have to be produced on June 1 before the benches.

The under-trial prisoners are Mojibur Rahman, 43, from Laturpara at Gauripur in Myeminsingh, Sanju, 27, from Rasulpur at Nandail in Mymensingh, Sohel, 28, from Jorbaria Palakanda at Fulbaria in Myeminsingh, Zinnat Ali, 32, from Chhalina at Bhanga in Faridpur, Sarwar Hossain, 40, from Pukurjaya in Patuakhali, Md Dablu, 28, from Fetrapara at Rajpara in Rajshahi, Md Sharif Uddin, 26, from Chhoyghat at Godagari in Rajshahi, Bablu alias Bagha, 37, from Dashmaria at Puthia in Rajshahi, Zakir Hossain, 28, from Konagaon at Purbopara in Sunamganj and Md Billal from Motiamara at Raipura in Narsingi.  

The HC benches also asked the authorities of the trial courts concerned to produce the records of the cases filed against the 10 under-trial prisoners before them on May 29 and June 1.

They came up with the orders and rules on suomoto (voluntary) move after two panel lawyers of the Supreme Court Legal Aid Committee placed their issues before the judges for necessary orders.

The jail authorities will have to produce Mojibur, Sanju, Sohel, Zinnat and Sarwar before the bench of Justice AKM Abdul Hakim and Justice SM Mozibur Rahman on May 29, while Dablu, Sharif, Bablu, Zakir and Billal will have to be produced before the bench of Justice Obaidul Hassan and Justice Krishna Debnath on June 1.

Advocate Chanchal Kumar Biswas and Advocate Rana Kawsar, the panel lawyers of the SCLAC, told The Daily Star that the under-trial prisoners have been in the custody for more than nine years in separate criminal cases including murder cases against them but their trial proceedings were yet to be finished.

It will be known after examining the records of the cases, why the trial proceedings are not being finished, they also said.  

The jail authorities have informed the SCLAC that 462 people have been languishing in jails with little progress in trial proceedings of cases against them and 58 of them have been in custody from five to 10 years and SCLAC has taken initiative to give them legal assistance, SCLAC sources said.

The HC has so far granted bail to 18 people who have been languishing in jail for more than 10 years and issued directives for 40 others after the SCLAC has placed their issues before the court.