Prisoners Without Trial
HC asks govt to free them on bail
Attorney general, principal secretary to PM asked to initiate process on merit of cases
Staff Correspondent
The High Court yesterday asked the government to free on bail thousands of detainees languishing in jails without trial in violation of their constitutional rights to get quick justice. It directed the attorney general and the principal secretary to the prime minister to initiate the process in this regard considering merits of the cases. "It is very unfortunate and shocking as well," the court observed about 7,409 detainees in jails without trial for years. The verdict came following a public interest litigation filed by Bangladesh Legal Aid and Services Trust (BLAST) on December 24 last year on the basis of a news item 'Behind bars sans trial for years' run by The Daily Star. In the litigation, Blast said although on-trial cases in the sessions judges' courts were supposed to be disposed of in 360 days, the practice was different. Earlier, the government submitted to the court a list of 7,409 detainees who have been behind bars for over 360 days without trial following a show cause on January 5 this year. The list includes 104 women and 51 children. The High Court division bench comprising Justice Abdul Matin and Justice Tariq Ul Hakim also asked the government to send juveniles, if any, to correction centres, as they should not be tried with adults. Apart from the directives, the court also asked the government to submit a report in six months specifying initiatives to implement its earlier 8-point directive regarding juvenile detainees. The directives include immediate transfer of 1,233 child prisoners from jails to correction centres and withdrawal of cases against under-12 prisoners. Children against whom cases cannot be withdrawn should be released on bail. The list of detainees show 16 prisoners have been in jails without trial for over 11 years, 10 for over 10 years, 29 for over nine years, 51 for over eight years, 111 for over seven years, 238 for over six years, 502 for over five years, 917 for over four years, 1,592 for over three years and 3,673 for over two years. The court in its verdict observed that it is the prisoners' constitutional right to get speedy trial. To implement the verdict, it also directed the government to seek assistance from Blast and other legal aid organisations. Advocate Syed Ziaul Hasan moved the litigation for Blast while Deputy Attorney General Adilur Rahman stood for the government. The Daily Star in its December 23, 2003 report said as many as 155 inmates of Dhaka Central Jail have been incarcerated without trial for five or more years because the prosecution witnesses did not show up for deposition. Law, Justice and Parliamentary Affairs Minister Moudud Ahmed told The Daily Star the situation is being monitored and the ministry 'would take measures' for the deserving accused to get bail after assessment of their cases.
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