Staff Reporter :
The High Court on Monday asked the chief judicial magistrate of Sariatpur district to probe into the arrest and detention of one ‘innocent’ Manik Hawlader instead of real convict Manik Miah in a narcotics case.
Manik Hawlader, 42, son of Nazrul Islam of Alam Chanbapari village of Bhedarganj upazila in Shariatpur has been detained in jail since November 28, 2020, while the real convict of the narcotics case Manik Miah, son of Ibrahim Mridha of Bapari Kandi village of the same upazila and the same district, remains absconding after getting bail from the HC.
In addition to identifying the real accused, the investigation team has also been asked to determine whether any other ‘innocent’ person were arrested and taken into custody instead of the real accused.
The chief judicial magistrate of Shariatpur himself or any other magistrate under his supervision will investigate the matter. The CJM has been asked to submit a report to the HC within 30 days after completing the investigation.
Special tribunal-1 and jail superintendent of Sirajganj have been asked to co-operate with the investigation team.
The bench of Justice JBM Hassan and Justice Md Khairul Alam passed the order after holding hearing on a writ petition filed in this regard.
Manik Hawlader’s wife Salma Begum filed the petition with the HC on March 2 this year challenging the legality of the detention of his husband without verifying the real name and address.
The court set April 12 for further hearing on the writ petition. The court also issued a ruling asking the respondents to explain in four weeks as to why Manik Hawlader’s detention without identifying the real convict would not be declared illegal.
Home secretary, law secretary, IGP, special tribunal-1 of Sirajganj, chief judicial magistrate of Shariatpur, deputy commissioners of Sirajganj and Shariatpur and other respondents have been asked to comply with the ruling.
Advocate Partha Sarathi Ray appeared in the court on behalf of the petitioner, while deputy attorney general Tushar Kanti Roy represented the state.
Partha Sarathi Ray told the court that a special tribunal in Sirajganj on February 11, 2019, sentenced Manik Miah and three others to four years in jail with a fine of Tk 5,000 after 668 bottles of Phensidyl were seized from their possessions in the district in June 2009.
Police arrested Manik Miah on June 3 in 2009 in the case, but he secured bail from the HC after some days of his arrest. Since then he is absconding.
Meanwhile, an arrest warrant of the special tribunal came to the Sakhipur Police Station of Shariatpur on October 23 in 2019. Accordingly the law enforcers arrested Manik Hawlader instead of Maink Miah on November 28 in 2020. Since then Manik Hawlader is in Sirajganj jail.
Then his family filed bail application on November 30 last year in a Shariatpur court. Later they moved to the HC.
