Six years lost in jail

A report published by this newspaper on Monday told the story of how one Azaher Ali Raza, acquitted six years ago, was still stuck in Dinajpur jail, due to a procedural lapse in the communication of his release order. The incident was recently brought to light after the jail authorities informed the Supreme Court Legal Aid Committee (SCLAC) about the issue. Meanwhile, those six years are lost to Raza, who according to the law should have walked out as a free man six years ago. Not being aware of the legal complexities and procedures, his mother did not even know that her son had been legally a free man for six years.

Raza was initially convicted and sentenced to death in 2005 in a murder case but a High Court order acquitted him in 2010. The order was then stayed by the Supreme Court. After the final hearing in 2012, the SC issued an order asking the government to file a leave-to-appeal petition against the acquittal within two weeks. Since the state did not appeal within the stipulated time, Raza was effectively acquitted. However, this order somehow never reached the jail authorities.

There can be no justification for what has happened. The steps for his release are now being undertaken. It was the duty of the SC officials to properly communicate this order and ensure his release.

We agree wholeheartedly with the Attorney General who has said that whoever is responsible for the negligence should be punished through conducting a probe. We would like to add that even though the time lost cannot be gained, the state owes this man some form of monetary compensation for his over-imprisonment. An acquitted man should not have to pay the price of negligence by the authorities.