HC orders release of elderly man languishing in jail for 12 yrs

By Staff Correspondent
22 August 2006, 18:00 PM
The High Court yesterday ordered the release of an elderly Myanmar citizen who has been languishing in Cox's Bazar jail for the last 12 years after serving his two-year jail term.

A division bench of Justice Nazrul Islam Chowdhury and Justice Zubair Rahman Chowdhury also issued a rule nisi upon the government to show cause why the detention of Abdul Malek should not be declared illegal.

The order came following a writ filed by Bangladesh Legal Aid and Services Trust (BLAST).

The bench also ordered the authorities concerned to hand over Abdul Malek, 82, to the custody of BLAST.

Malek, who was born in Gaibandha, had migrated to Myanmar in 1971 and settled there, but used to visit Bangladesh on different occasions.

In 1994, a team of Bangladesh Navy arrested him along with 17 other Myanmar nationals when he was entering the country by a trawler loaded with cows.

They were sentenced to two years' imprisonment for smuggling. All of his accomplices were repatriated to Myanmar after serving their jail term, but only Malek continues to languish in the jail as his identity as a Myanmar citizen could not be confirmed.

Advocate Idrisur Rahman moved the case while Advocate Sigma Huda appeared as intervener, said a BLAST press release.