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15yrs in jail without conviction

Chaitanya Chandra Halder anJ Shakhawat Liton
Four people arrested on charge of robbery have been held in confinement in Dhaka Central Jail without conviction for around 15 years since 1993.
Although the court granted bail and released five other accused of the same case a few years into their arrest, it denied bail to the four - Sirajul Islam from Laxmipur, Abul Kal am from Barisal, Nurul Haque from Madaripur and Alauddin from Munshiganj, saying that there are specific allegations against them.
According to case documents, only two out of the five who received bail now attend hearings of the case as the other three went into hiding.
On April 22, 1993, Dhanmondi resident Ulfat Rana
alias Rafiqul Alam filed the case with Dhanmondi Police Station against three to four unknown individuals who broke into his house/ blindfolded him and made off with 15 tola of gold. Tk 40,000 worth of clothing, Tk 90,000 in cash and other materials worth Tk 20,000.
Though the trial of the case began in 2001. the hearing of the case has yet to be completed even after around seven years. The hearing of the case is scheduled to resume on April 17
When The Daily Star spoke with Assistant Public Prosecutor Faiz Uddin and asked for his comments over the delay in disposing of the case, he said he had urged the court to dispose of the case on several occasions. "1 will move for the disposal of the case again on the next day ofhearing," he added.
Eminent jurist and former judge of the Supreme Court Appellate Division Ghulam Rabbani told The Daily Star that the incident is a proof that the legal system lacks the broader humane approach in trying a criminal case.
Citing the instance of a long-running Bombay High Court case during the British era, Justice Rabbani said the learned judges of the court quashed flic proceedings of the case for its unreasonable delay.
" I therefore expect that such a case should be quashed immediately without considering any merit on grounds of inordinate delay," he added.
Another eminent jurist Dr Shahdeen Malik told The Daily Star, "Bail is a discretion of the court. However, it’s very unusual that bail wasn't granted over such a long period ofitime."
The four accused spent 15 years in jail and their punishment is most likely to be less than the time they have already spent, Dr Malik said adding, "This could be a good instance for seeking compensation from the state for such a long imprisonment without conviction."
The maximum punishment for the offence of robbery is life term imprisonment or rigorous imprisonment of 10 years plus fine, said legal experts.
Referring to a Supreme Court order, the experts said since the disposal of the case became prolonged, the four confined accused could have been awarded bail as was awarded to the five other accused.
The Supreme Court in a rule in 1991 said undue delay in holding a trial due to the procrastination of the prosecution will be valid ground for granting bail and the issue of granting bail in such a case need to be considered with care. Furthermore, notice of application by prosecution for cancellation of the bail is to be served on the accused well in advance.
During die hearing on the case, the Elain tiff could not identify anyone as e was blindfolded during the robbery.
A total of 90 workdays were fixed for the disposal of the case following framing of the charge and the counsels of the four detainees applied for bail almost every day.
The last time their bail petition was denied by the court was on March 19 this year.
CRONOLOGYOFTI IE CASE
The forceful entry and robbery case (number 44) was filed on April 22, 1993 by Ulfat Rana alias Rafiqul Alam from Dhanmondi with Dhanmondi Police Station accusing three to four unknown individuals.
Following the filing of the case, police arrested 22 suspects and four of them gave confessional statements under section 164. Following their confessional statements, the police recovered some of the stolen goods.
Sirajul Islam, an inspector of Detective Branch of police, pressed chargeon Septembers, 1993 accusing nine people.
On July2,2000, the case was sent to First Assistant Metropolitan Sessions Judges' Court for trial.
Charge was framed against the accused on April 29,2001 and the trial of the case began on July24.2002.
Till March 19, 2008, six prosecution witnesses gave their depositions to the court.