The High Court has ordered the release of jailed Md Liton if the investigation finds he is not the actual convict
The High Court on Tuesday directed the judge of Dhaka's Special Judge's Court No 2 to investigate the sending of day labourer Md Liton of Bhola to jail as his name is the same as that of a convicted fugitive.
At the same time, the High Court has ordered the release of the jailed person named Liton if the investigation finds that he is not the actual convict.
The High Court bench of Justice Tariq ul Hakim and Justice SM Kuddus Zaman passed the order after hearing a writ petition.
Lawyers ZI Khan Panna, Yadia Zaman and Mohammad Shahinuzzaman appeared for the writ petitioner while Deputy Attorney General Amit Das Gupta represented the state at the hearing.
On August 24, human rights group Ain O Salish Kendra and Md Liton jointly filed the writ petition, challenging the legality of sending him to jail.
A report published in a national daily on August 22 with the headline "Day labourer is serving in jail only for the same names and addresses" was attached to the writ petition.
Lawyer Mohammad Shahinuzzaman said the writ petition sought directives to present Liton in person or in a virtual High Court bench to confirm his identity, to release him immediately and to declare his detention illegal and out of any legal authority.
The home secretary, inspector general of police, inspector general of prisons, superintendent of police and deputy commissioner Bhola and others concerned have been made respondents in the petition.
According to the newspaper report, the names of the two are Md Liton. Their fathers' names, village, upazila and district are also the same.
The only difference is in age. A man has been in jail for about eight months for crimes committed by another person. Convicted defendant Md Liton is 41 years old, and the man in jail is 30 years old.
But, police claimed that Liton, who was arrested, did not once say that he was not an accused.
Nur Islam is the name of the father of both Litons. They are dead. Both of them were residents of Chatla village in Lalmohan upazila of Bhola.