HC directs to file criminal case against forgers, including 2 cops
The High Court has found forgery committed by some people, including two policemen, to secure bail for a rape convict of Jhenidah through making false and manipulated documents and submitting them before this court.
After examining original and forged documents, the court yesterday directed its registrar to file a criminal case against constables Bishwajit alias Babu and Khairul, who were discharging duties in Jhenidah jail, and one Chandali Biswas who sworn the affidavit to file the appeal seeking bail for rape convict Kabir Biswas, who has been sentenced to life imprisonment by the trial court.
Bishwajit has been transferred to Kushtia and Babu is now discharging duties in Jhenidah Jail, Kabir's lawyer Sheikh Atiar Rahman told The Daily Star.
Yesterday, the HC said the investigation officer of the criminal case will implicate others, who will be found involved with the forgery.
The bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman came up with the order during hearing a bail appeal filed by Kabir in the case filed in 2013 for rape under Section 9(1) of Nari O Shishu Nirjaton Daman Ain, 2000.
Deputy Attorney General Sarwar Hossain Bappi told The Daily Star that the Jhenidah tribunal on July 8, 2015 convicted Kabir, sentenced him to life imprisonment and fined him Tk 2 lakh for the crime.
The tribunal directed Kabir to give the money to the victim to bring up the disputed child born by Kabir and the victim.
Kabir filed an appeal with the HC, challenging the verdict.
He sought bail from the HC twice, which the HC on January 25 and May 30 in 2018 rejected.
During hearing another bail petition on December 15, 2015, the HC bench of Justice Enayetur and Justice Amir Hossain said this court will consider his bail if he agrees to marry the victim.
Kabir did not agree, DAG Sarwar said.
In this circumstance, Advocate Sheikh Atiar Rahman, a Supreme Court lawyer, appeared for Kabir before the HC bench on September 15 and placed some documents, seeking his bail.
It has been found in the documents submitted by him that Nari O Shishu Nirjaton Tribunal-2 of Jhenaidah on September 16, 2019 sentenced Kabir to seven years' imprisonment considering his age (65 years), and life imprisonment to three others under Section 9(1) of Nari O Shishu Nirjaton Daman Ain, 2000.
If an accused is found guilty under this section, he will be sentenced to life imprisonment and if he is not found guilty he will be acquitted, but there is no provision for sentencing to seven years' imprisonment, DAG Sarwar Said.
He said a single accused is tried and punished under section 9(1), but it has been said in the judgement submitted by lawyer Sheikh Atriar that four accused have been convicted and sentenced.
There is no Nari O Shishu Nirjaton Tribunal-2 in Jhenidah, he said, adding that Kabir was 32 years' old when Nari O Shishu Nirjaton Tribunal of Jhenidah delivered verdict on July 8, 2015.
The HC on September 15 called for the lower court records and fixed yesterday for further hearing.
"Meantime, I talked to the authorities concerned of Jhenidah court and found that Sheikh Atiar Rahman has submitted fake, false, fictitious, manipulated and procured documents to the High Court…," DAG Sarwar said.
He said Sheikh Atiar yesterday offered unconditional apology to the HC and sought retirement from the case, which the HC accepted.
Sheikh Atiar told this newspaper that constable Bishwajit supplied fabricated documents to his clerk Sohel Rana for securing Kabir's bail.
"I had doubts about the documents and my clerk and son went to Jhenidah court to inquire. After examining those, I sought retirement from the case. The High Court granted my prayer and asked me to cooperate with the investigation officer," he said.
Kabir, who is now in Jhenidah jail, cannot get released from jail, he said.
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