Staff Reporter :
The High Court (HC) on Wednesday observed that the government would decide the future of Badal Farazi, who had been recently brought back to the country from India after he had languished in jail there for 10 years in murder case.
The HC bench of Justice J B M Hassan and Justice Md Khairul Alam passed this observation after rejecting a writ petition filed seeking release of Badal Farazi. The court rejected the petition as it was not placed properly.
The court also observed in its order that as the government brought back him in the country with its own initiative, we think that they (the government) would also take initiative for his release. It will not be right for the court to pass order in this regard.
Advocate Humayun Kabir Pallab and Advocate Mohammad Kawser filed a writ petition with the HC seeking its directives to release Badal Farazi on July 8.
The two advocates mentioned in the writ petition that Badal Farazi was imprisoned in India due to ‘erroneous trial’. He was sent to jail after he had been brought back to the country though he was innocent. This is violation of the Articles 27, 31, 32, 33, 36 and 44 of the Constitution.
After hearing the writ petition, the HC rejected it on Wednesday as it was not placed properly and observed, “Indian court sentenced Badal Farazi of Bangladesh in a murder case. But we see, the government is sincere about him. They have brought him back to the country. Now the government may take steps for his release. It will not be right for the court to pass order in this regard. So, we are rejecting the writ petition.”
Earlier, on the day, Deputy Attorney General Masud Hasan Chowdhury produced some documents in the HC saying that the Indian court had convicted and sentenced Badal Farazi in due process of law. Therefore, he should not be released from jail, the DAG said.
Farazi, 28, who was serving a life sentence in Delhi’s Tihar jail after being convicted in the murder case, was brought back to the country on July 6 under a bilateral treaty on “Transfer of Sentenced Prisoners” signed with India around eight years ago.
After Badal was brought back, he was sent to Dhaka Central Jail to let him serve the rest of his sentence there.
According to the report, the Home Ministry of Bangladesh sent a letter to Indian government for the repatriation of Badal, son of Abdul Khalek and Sarafali Begum.
Badal, who was a school student when he went to India in 2008, completed his studies and even obtained a degree during his decade-long stay in Tihar Jail.
