Man in jail instead of real convict: HC directs for judicial enquiry

The High Court today directed the authorities concerned to conduct a judicial enquiry into an allegation of an innocent man named Manik Hawlader serving jail sentence instead of the convict -- Manik Miah of Shariatpur's Bhedarganj -- in connection with a drug related case.

The chief judicial magistrate (CJM) of Shariatpur has been ordered to conduct the enquiry to find out the real convict and to submit the probe report to the High Court in 30 days.

Special Tribunal-1 of Sirajganj and its jail super were asked to provide assistance to the chief judicial magistrate of Shariatpur in conducting the investigation.

Manik Hawlader claimed to be innocent. He has been in Sirajganj jail since he was arrested on November 28 last year in connection with the case.

The HC also issued a rule asking the respondents to explain why arresting Manik Hawlader and sending him to jail without verifying the authenticity of names, addresses and other details of both Manik Hawlader and Manik Miah should not be declared illegal.

In the rule, the court asked them to show causes why they should not be directed to release Manik Hawlader from jail, Deputy Attorney General Tushar Kanti Roy told The Daily Star.

Home secretary, law secretary, deputy commissioner and CJM of Shariatpur, deputy commissioner of Sirajganj, judge of Special Tribunal-1 of Sirajganj, jailer of the district and other officials concerned have been made respondents to the rule.

The HC bench of Justice JBM Hassan and Justice Md Khairul Alam came up with the order and rule following a writ petition filed by Manik Hawlader's wife Salma Begum.

She submitted the writ petition to the HC on March 2 challenging legality of arresting her husband Manik Hawlader and sending him to jail without verifying authenticity of the names, addresses and other details.

Sirajganj's Special Tribunal-1 convicted and sentenced Manik Miah to four years' imprisonment in February, 2019 for possessing 600 bottles of phensidyl.

But before the judgement, Manik Miah secured bail from the High Court and then absconded, DAG Tushar Kanti Roy said.

In the bail bond documents, convict Manik Miah mentioned that his name is Manik Hawlader, he said.

Later police arrested Manik Hawlader instead of Manik Miah, DAG Tushar Kanti added.

Lawyer Partha Sarathi Ray, who appeared for the writ petitioner, told The Daily Star that Manik Hawlader is innocent.