The Supreme Court has directed the government to immediately release Azmat Ali, a former school teacher from Pakhimara village under Sharishabari Upazila in Jamalpur, from jail as he was arrested in 2009 even after the president has pardoned him in 1991.
The apex court also observed that the decision of sending Azmat Ali to jail even after getting the order of release from jail custody in view of the remission of his sentence granted by the president under the Code of Criminal Procedure (CrPC) was “unjustified and unfortunate”.
The Appellate Division of the SC came up with the order and observation in a full text of its judgment which was released yesterday.
A six-member bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain passed the short order June 27 this year on a review petition filed by Azmat Ali in support from the Supreme Court Legal Aid Committee.
The review petition was filed with the SC against its verdict on August 11, 2010, that had scrapped a High Court judgment which acquitted Azmat Ali from the charge of the case filed for killing one Rezaul Karim in 1987.
In the review petition, Azmat Ali informed the president’s order that granted him mercy to the apex court and prayed for his release, Supreme Court Legal Aid Committee sources said.
In the full text of the judgement, the SC said review petitioner Azmat Ali, son of Tazzat Ullah Sardar of Pakhimara village under Sharishabari Upazila, was convicted and sentenced to life imprisonment by the sessions judge’s court of Jamalpur on March 9, 1989, in connection with the case.
Following an appeal filed by Azmat Ali, the HC on March 2, 2005, acquitted him of the charges of the case.
The state filed an appeal with the SC in 2008 challenging the HC verdict and after hearing the state’s appeal, the Appellate Division on February 20, 2008, scrapped the HC judgement and order.
Earlier on August 21, 1996, petitioner Azmat Ali had been released from jail in view of the remission of sentence granted by the president on January 14, 1991.
But, after delivery of the Appellate Division’s judgement (on February 20, 2008) Azmat Ali was again arrested on October 20, 2009, and since then he has been suffering in jail, the SC said in the full text of verdict.
SC’s office yesterday sent the full text of the verdict to the trial court concerned and Jamalpur district jail for taking necessary steps to release Azmat Ali from the jail.
Supreme Court Bar Association President Advocate AM Aminuddin who appeared for Azmat Ali told The Daily Star that the president’s order granting mercy to Azmat Ali was informed to the SC through filing the review petition.
The police had arrested Azmat Ali as they were not aware of the president’s order, he added.