HC issues rule to compensate Tk 5cr to unlawfully detained man

The High Court today issued a rule asking the authorities concerned of the government to explain why they should not be directed to pay Tk 5 crore in compensation to Ibrahim Sheikh, who remained in prison for nearly eight years after being acquitted by the court.

In the rule, the court also asked them to show causes why action should not be taken against those responsible for the alleged negligence and failure to communicate the High Court's acquittal orders to the prison authorities.

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The bench of Justice Bhishmadev Chakrabortty and Justice Sk Tahsin Ali issued the rule after hearing a writ petition filed in the public interest by Supreme Court lawyer Gobinda Chandra Pramanik on behalf of Bangladesh Jatiya Hindu Mohajote seeking necessary directives.

Advocate Muhammad Hasan Shahid Karuzzaman appeared for the petitioner.

Advocate Gobinda Chandra Pramanik told The Daily Star that Ibrahim Sheikh, a night guard from Batiaghata upazila in Khulna, was arrested by police in 2003 while returning home in the morning after completing his night shift. He was accused in cases involving murder and other offences.

Unable to afford a lawyer, Ibrahim could not arrange proper legal representation, he said, adding that a sessions court subsequently sentenced him to death in one case and to life imprisonment in another.

During the hearing of the death reference and jail appeal, however, the High Court found substantial inconsistencies in the evidence and testimony.

On July 20, 2017, the High Court acquitted Ibrahim in the death-reference case. He was also acquitted in the other case.

Despite the acquittal orders, Ibrahim remained incarcerated because copies of the orders were not communicated to the prison authorities for nearly eight years.

As a result, he continued to remain in prison until February 1, 2025, the petitioner said, adding that his continued detention after acquittal was unlawful and amounted to a violation of his fundamental rights.

The lawyer said Ibrahim spent nearly 22 years in prison, during which his mother died and his wife left him. His prolonged incarceration also left him physically and mentally unwell, while his financial hardship has prevented him from obtaining adequate medical treatment.

He filed the writ petition with the High Court after a report on Ibrahim's ordeal was published in the daily Jugantor.

In the petition, he sought order for compensation and rehabilitation on humanitarian grounds.

He urged the High Court to direct the government to pay Ibrahim Tk 5 crore, provide him with rehabilitation, housing and medical treatment, and investigate the alleged negligence that resulted in his continued detention.

After holding hearing on the petition, the High Court today issued the rule.