Mistaken identity: HC orders inquiry into jailing of day labourer

The High Court today directed the judge of special tribunal-2 of Dhaka to conduct an inquiry into the allegation that an innocent day labourer, Md Liton, is serving a jail sentence instead of a convicted man of the same name in Bhola's Lalmohan upazila.

The HC also instructed the judge to pass the necessary order to this effect in two weeks.

The HC bench of Justice Tariq ul Hakim and Justice SM Kuddus Zaman passed the order after hearing a virtual writ petition jointly filed by rights organisation Ain O Salish Kendra (ASK) and Liton, who is now in jail, seeking a release order for him.

Deputy Attorney General Amit Dasgupta told The Daily Star that the special tribunal-2 of Dhaka can release Md Liton (30), who is now in jail, if it finds in the inquiry that he is not the Liton (41) who was convicted.

ASK and Md Lition submitted the writ petition to the HC on August 24 following a newspaper report published on August 22 claiming that Md Liton has been in jail for nine months in place of the originally convicted Md Liton, who has been absconding after being released on bail.

On December 7 last year, the police wrongly arrested the now jailed Liton instead of the convicted Liton as their names, fathers' names and addresses are similar, the petitioners said.

Their fathers' are named Nur Islam, and their village's name is Chatla at Dholigourabnagar union in Lalmohan. Both fathers died several years ago.

The Liton who was convicted and sentenced to two years' imprisonment in a criminal case, is now 41 years old, the petitioners said in the petition.

Law enforcers of Ahad Police Box under Paltan Police Station reportedly arrested Liton, Shamim and Arman Miah on June 28, 2009 for possession of banned anesthesia tablets.

Later, they were released from jail on bail.

The special tribunal-2 of Dhaka on October 22, 2014 convicted the trio and sentenced them to two years' imprisonment and fined them Tk 2,000 each.

Lawyers ZI Khan Panna and Yeadia Zaman appeared for the writ petitioners.