Why no damages for detention even after acquittal, asks High Court

The High Court has asked why a man detained for 13 years after his acquittal by court shall not be paid Tk 2 million in compensation as the detention ‘has violated his fundament rights’.

The bench of Justice Moyeenul Islam Chowdhury and Justice Md Iqbal Kabir issued a rule to this effect on Tuesday following a writ petition.

Secretaries to the home and law ministries, High Court registrar, a former judge of Satkhira, inspector general of police and Satkhira superintendent of police have been given four months to respond to the rule.

The court also asked why the ‘inaction and negligence’ of the respondents in handling the affairs of Jobed Ali of Kushtia shall not be declared ‘contrary to the articles 31, 32, 35 and 36 of the Constitution.

Lawyer Abdul Halim filed the writ petition on May 19 on behalf of rights organisation Children Charity Bangladesh Foundation after a national daily carried a report on Mar 3 on Ali’s detention.

The petition challenged the detainment and sought an order for compensation for it.

After the court order, Halim told bdnews24.com that the High Court had acquitted Ali in 2003 in a case in the appeal against the verdict of the Satkhira Additional Sessions Judge Court-3 which gave him life term in 2001.

His release remained pending as the then judge of the Kushtia court did not forwarded the High Court order to the jail. The matter came to light after he was finally freed on Mar 2 this year.

Lawyer Halim claimed in the petition that the detention had violated the fundamental rights enshrined in articles 31, 32, 35 and 36 of the Constitution .

Article 31 provides, “To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.”

No person shall be deprived of life or personal liberty save in accordance with law, stipulates Article 32.