The High Court has directed the chief judicial magistrate of Chapainawabganj to take immediate legal steps for releasing an innocent individual serving jail instead of the real accused.
The virtual High Court (HC) bench of Justice M Enayetur Rahim passed the order on Wednesday.
Since March 10, Md Rubel is in jail instead of the real accused, Rubel Ali.
Following a report published in a national Bangla daily on this matter, advocate Mohammad Shishir Manir, a Supreme Court lawyer, brought the matter to the attention of the court.
The HC asked the chief judicial magistrate of Chapainawabganj to take legal steps immediately.
Deputy Attorney General Amit Talukder represented that state during the hearing.
"I brought the matter to the attention of the court after it was published in a daily newspaper. Later, the court issued a suo-motu order and asked the chief judicial magistrate of Chapainawabganj to take immediate measures. The HC has also asked to inform the court about the measures," said lawyer Shishir Manir.
The newspaper report says that Rubel Ali, alias Rubel Babul (28), son of Montu Ali of Charpaka Kadamtala village of Paka Union under Shibganj upazila of Chapainawabganj, was arrested on April 6, 2018 for consuming hemp.
Sub-Inspector (SI) Abdus Salam filed a case against Rubel Babul under Section 26 of the Narcotics Control Act (Case No. 15).
Later, Rubel was sent to jail and was released after five days. He also appeared in court three times but suddenly he disappeared, says the newspaper report.
On July 10 of that year, SI Babul Islam submitted a charge-sheet against the accused. The Chapainawabganj Senior Judicial Magistrate issued an arrest warrant against Rubel Babul. After that, the warrant was pending with Shibganj Police Station for a long time.
Based on that arrest warrant on March 10, Shibganj police arrested Md Rubel, the son of Md Montu of Jamaipara village, from the residence of Ataur Rahman, former chairman and upazila Awami League general secretary.
Since then, Rubel is serving jail terms only for the similarity of the name of his father with the one of the accused. But the names of the villages are different.