Giving cases is everything for imprisonment when bail is denied

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THE High Court has asked for case documents of 20 accused and ordered concerned jail authorities to produce them before the court this month for hearing and why they should not be granted bail till the end of their trial. They are languishing in the jail from 18 years to 10 years out of 462 accused serving for over five years in prison till December last.

Case documents say one accused in Sunamganj jail, appeared before the District and Sessions Judge’s Court 81 times in 13 years till November last year. Another was produced before the court 122 times in about 12 years till November last year and yet their trial remained unending.

As per statistics revealed by an official of the Supreme Court Legal Aid Office (SCLAO) at least 53 accused have spent more than 10 years in different jails and yet their trials have not ended. He made the disclosure while placing cases of 20 of those accused before the two Benches of the High Court early this week by legal aid panel lawyers. Meanwhile the court of Justice Obaidul Hassan and Justice Krishna Debnath taking the cases of 10 persons who are in jails in Mymensingh, Rajshahi and Khulna Divisions has asked the jail authorities to produce five of them before it on February 26 and five others on February 28 for review of their lower court papers.

The Court has also asked the lower courts, with which the cases are pending, to send the case documents by February 26. The Bench has issued a suo moto rule upon the government to explain within two weeks why the prisoners should not be set free on bail till the disposal of their cases by lower court.

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The High Court Bench of Justice Md Nuruzzaman and Justice SH Md Nurul Huda Jaigirdar also gave almost similar order after another SCLAO lawyer drew their attention to the case of about 10 other accused. The Bench also asked the authorities concerned to produce the accused on February 23 and send the case documents by that date. It also issued the suo moto rule and asked the authorities to explain within one week why they should not be set free on bail.

Following media reports that many have long been in jails without being convicted, SCLAO on November 16 last year sent letters to the authorities of all 68 jails across the country seeking names and particulars of prisoners whose trials have long been going on. Most prisoners are languishing in jails at Pabna, Rajshahi, Mymensingh, Khulna, Natore, Jessore and other prisons.

We have been insisting that arresting a person must not be seen as convicted and to suffer in jail. What is happening is police justice. It is for the judges to save the judiciary.

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