HC orders judicial inquiry for arrest of wrong person

The Shariatpur Chief Judicial Magistrate has been asked to investigate and submit a report to the court within the next 30 days

The High Court (HC) has directed a judicial inquiry into the allegation that an innocent person named Manik Hawlader is serving a jail term instead of Md Manik Mia who was convicted in a drug case.

The Shariatpur Chief Judicial Magistrate has been asked to investigate and submit a report to the court within the next 30 days. The court has set 12 April for a further hearing and order.

A High Court bench of Justice JBM Hasan and Justice Md Khairul Alam passed the order on Monday on a writ petition filed in favour of innocent Manik Hawlader. The HC also issued a ruling asking why Manik's detention should not be declared illegal.

The court has asked the Chief Judicial Magistrate of Shariatpur to identify the real culprit, Manik Mia, and submit an investigation report. At the same time, the court directed the Sirajganj Special Tribunal and Jail Super to provide all the information to the HC Registrar.

Earlier, a writ petition was filed seeking the release of innocent Manik Hawlader. 

Lawyers said a case was filed against four people at the Salanga Police Station in Sirajganj on 2 June, 2009 for carrying 668 bottles of Phensidyl in a car. Later, the police arrested the accused Md Manik Mia on 3 June, 2009 but after a few days of imprisonment, he got bail from the HC.

Following the trial of the case, the Sirajganj Court pronounced the verdict on 11 February, 2019, sentencing four accused to four years in prison.

The accused are Montu Sheikh alias Jamal Uddin and Sohrab Hossain of Alfadanga in Faridpur, Md Jamal Hossain of Patuakhali's Baufal and Md Manik Mia of Sakhipur upazila in Shariatpur.

Manik Hawlader's younger brother Ratan Hawlader said, "Our house is in Sakhipur in Vedharganj upazila of Shariatpur. My father's name is Nazrul Islam and my mother's name is Rezia Begum."

Meanwhile, the real accused in the case is Md Manik Mia, whose father's name is Ibrahim Mridha and mother's name is Lutfa Begum. He is a resident of Shafipur in the same district.

The police arrested Manik Hawladar in Shariatpur on 13 January instead of the convicted Manik Mia.

Advocate Partho Sarathi Roy was present in the court in favour of the application while Deputy Attorney General Tushar Kanti Roy represented the state.