Stop drugs, ensure order, security in jails: HC

The High Court has issued eight directives for authorities concerned of the government to ensure security, peace and decorum in and outside the jails and to prevent the supply of narcotics in prisons across the country.

It also said forgery in the submission of power of attorney before a court must stop.

"The jail authorities should be alert and vigilant at all times to keep peace and security in and around jail premises and must take appropriate legal steps to avert all kinds of unwanted and unbecoming situation or environment, and [against] misconduct and misbehaviours," the HC bench of Justice Md Nazrul Islam Talukder and Justice Ahmed Sohel said in the directive.

The bench came up with the directives in a full text of its verdict which was released yesterday. A shorter verdict on the issue was delivered on October 19.

In the full text of verdict, the HC bench directed the jail authorities to take appropriate steps and measures to stop the supply of all kinds of illicit narcotics and drugs inside the jails.

"Jail authorities are directed to strictly carry out body and apparel searches of the visitors and if any narcotics, drugs or contraband items are found from their possession, the jail authorities shall take necessary and appropriate legal action against that person," the HC said.

The bench ordered the inspector general of prisons, jailors, deputy jailors of all jails to maintain a register of names and addresses of all convicts and under-trial prisoners, including the respective case numbers, sections and names of courts in which the case is pending and by which the accused is convicted and sentenced in accordance with the law.

"The jail authorities must also include the dates of when the convicts and under-trial prisoners of any case are coming in and going out," the HC judges.

In the shorter version of the verdict delivered earlier, the bench directed Md Mizanur Rahman Kanak, an accused in a corruption case involving Tk 5.44 crore, to surrender to the lower court concerned in four weeks after receiving the verdict.

During hearing of Kanak's bail petition, the HC earlier found that the deputy jailor of Keraniganj Jail Md Khandaker Al Mamun had approved the power of attorney for the accused to seek bail in the case although he went out of jail on bail granted by a virtual HC bench on June 15 this year. Mizanur was released from jail on June 25.

Khandaker Al Mamun appeared before the HC bench on October 11 following its summon order and apologised to the court for approving the power of attorney for accused Kanak to seek bail again from the HC although he was not in jail.

The deputy jailor said he wrongly approved it without putting any signature and seal on the power of attorney, said Khurshid Alam, lawyer for the Anti-Corruption Commission, while speaking to The Daily Star yesterday.

He said Mizanur Rahman Kanak will have to surrender to the lower court in four weeks in connection with the corruption case following the HC verdict, while Khandaker Al Mamun was pardoned with caution and directives.

In the full verdict, the HC bench directed jail authorities or officers to only put sign and seal the power of attorney after proper confirmation that the convicts or under-trial prisoners concerned are in jail at that time.

They must also write their full names and official phone numbers in the power of attorney beside the signature and seal of the authorities or officer concerned of the jail so that the affidavit commissioner or responsible person or officer of the court, in case of any dispute and doubt, may contact the jail authorities, the bench said.

The HC also directed the authorities concerned to strictly comply with the provisions of the Prisons Act, 1894, the Prisoners Act 1900, and Bangladesh Jail Code (Revised Edition), 2006, along with other laws relating to prisoners.

At the same time, it also ordered authorities concerned of jails to submit affidavits of compliance with these directives after every three months to the office of the Supreme Court Registrar General.

Deputy Attorney General AKM Amin Uddin Manik represented the state while Md Ali Azam appeared for Khandaker Al Mamun and Md Ruhul Quddus Kazal stood for accused Mizanur Rahman Kanak.