Long wait for end of trials

Faruk Hossain landed in jail 12 years ago as an accused in a murder case. Aged only 13 at the time of his arrest, he was produced before the Sessions Judge's Court in Sylhet 131 times until November 16 last year.

Son of late Ali Hossain of Kamalganj in Moulvibazar, Faruk is still languishing in Sylhet Central Jail as his trial is yet to be completed.

Another prisoner of the same jail, Selim Mia was produced before the court 122 times in about 12 years till November last year.

Basir Uddin, who is in Sunamganj jail, appeared before the District and Sessions Judge's Court 81 times in 13 years till November last year.         

At least 53 accused have spent more than 10 years in different jails and their trials have not yet been concluded, an official of the Supreme Court Legal Aid Office (SCLAO), told The Daily Star yesterday.

As cases of 20 of those accused were placed before the two benches of the High Court yesterday by the panel lawyers of SCLAO, the benches ordered the jail authorities to produce them before it.

The benches also issued rules upon the government to explain why the 20 prisoners should not be granted bail in the cases.

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 the 68 jails across the country seeking names and particulars of prisoners whose trials have long been going on.

In the letters, SCLAO said it would provide legal assistance to those financially insolvent. The government organisation provides free legal aid to the poor and marginalised people.

In December last year, the office of the inspector general of prisons responding to the letters submitted a report to the organisation.

According to the report, there are 462 prisoners, who have spent more than five years in jail with their cases still pending with different courts, Ripon Paul Sku, an official of SCLAO, told The Daily Star yesterday.

He said their office already placed the cases of 18 people who have been in jail for more than 17 years and the HC issued different directives in those cases.

Now they made a list of 53 persons who have been in jail for more than 10 years, he said. Of the 53, panel lawyers of SCLAO drew attention of the HC to 20 cases yesterday.

YESTERDAY'S PROCEEDING

Anis ul Mawa, a lawyer for SCLAO, drew attention of the HC bench of Justice Obaidul Hassan and Justice Krishna Debnath to 10 persons who are in jails in Mymensingh, Rajshahi and Khulna divisions.

The court asked the jail authorities to produce five of them before it on February 26 and five others on February 28.

It also asked the lower courts, with which the cases are pending, to send the case documents by February 26.

The bench issued a suo moto rule upon the government to explain within two weeks why the prisoners should not be granted bail in the cases filed against them.

Of the accused, Nazrul Islam has been in jail for 12 years, Siraj for 11 years and Alam Mia for 10 years in Mymensingh.

Motiur and Foyen have spent 10 years each in jail in Rajshahi, Kaila Kalam 12 years in Pabna, Abdul Khalek 11 years in Natore, Apurba Das 11 years in Jessore, and Taiyab Sheikh 13 years and Md Sumon alias Nuruzzaman 12 years in Khulna.

The HC bench of Justice Md Nuruzzaman and Justice SH Md Nurul Huda Jaigirdar gave almost a similar order after Sayeda Sabina Ahmed Molly, another lawyer for SCLAO, drew its attention to about 10 other accused.

The bench asked the authorities concerned to produce the 10 accused on February 23 and send the case documents by that date. It asked the authorities to explain within one week why they would not be granted bail.

The accused are Faruk Hossain, who has been in jail for around 12 years, Selim Mia around 12 years and Raju Jaganath around 14 years in Sylhet.

Md Habibur Rahman has served 11 years, Moniruzzaman alias Munna 11 years, Nasir Uddin 11 years, and Gias Uddin 11 years in Satkhira.

Basir Uddin has spent 13 years in jail in Sunamganj, Rafiqul Islam 18 years in Pirojpur, and Haider Ali 18 years in Jhenidah.

SCLAO will draw attention to the rest of the 53 accused gradually, said Ripon Paul Sku.