The Appellate Division's Chamber Court has stayed the High Court's (HC) order to pay Tk20 lakh as compensation to Md Arman, who had spent nearly five years behind bars, instead of Shahabuddin Bihari, who was sentenced to 10 years in a drug case.
The Appellate Division Chamber Justice Md Nuruzzaman passed the order in response to the state's application on Tuesday.
Deputy Attorney General Amit Das Gupta, who represented the state in the court, confirmed that the HC order on the compensation had been stayed for eight weeks.
Arman's mother was represented by Barrister Ruhul Quddus Kajal, accompanied by Barrister Humayun Kabir Pallab.
On 31 December, the HC ordered the immediate release of Arman, a technician at Benarasi Palli in Mirpur, and directed the Dhaka Metropolitan Police Commissioner to pay him Tk20 lakh within 30 days. Departmental action was also sought against four policemen.
The HC bench of Justices Md Mojibur Rahman Mia and Mohi Uddin Shamim passed the verdict, declaring the rule appropriate.
On 18 April, a national daily published a report about Arman being wrongly imprisoned for five years. On behalf of a human rights organization, Law and Life Foundation filed the writ petition in the HC, submitting the report as supporting evidence.
On 23 April 2019, the HC issued a rule requesting case documents and seeking an explanation as to why Arman's detention should not be declared illegal, why he should not be released, why he should not be ordered to appear in the HC, and why an order should not be granted to pay him his rightful compensation.
The verdict was announced on 31 December after the final hearing of that rule.
According to the newspaper report, despite being innocent, Arman had been behind bars since 27 January 2016. The real accused in the case is drug dealer Shahabuddin Bihari, who was sentenced to 10 years in a drug case at Pallabi Police Station in the capital.
Arman's family alleged that the police had mistakenly arrested him and surrendered him to the court (instead of Shahabuddin) because the fathers of both had similar names.
On the other hand, the accused Shahabuddin is currently running his drug business outside prison.
Arman has not yet been released from jail but will be released shortly, said Barrister Ruhul Quddus Kajal.