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Five years in jail for no offence

M Rahman
Zakir Hossain, a man without criminal records, has been wrongfully serving a life sentence for another Zakir, tried in absentia for murder.
The innocent Zakir was picked up by police at the capital's Pal tan, where he used to work as a clerk at a recruiting agency, on November26,2007.
He was taken to the police station “for some talk”. However, without explaining why he was held, police soon produced him before a Narayanganj court. There they identified him as a “fugitive convict” in a case filed for the killing of a person by some muggers.
The court sent him to jail to serve a life term for conviction in the murder case, which was lodged in 1991. In its verdict delivered in the late 90s, the court found one Zakir and some others guilty. It sentenced Zakir to life in prison andotherstolesserterms.
The others convicted in the case have already served out their sentences.
Recently, a police probe has found that Zakir Hossain, 41, is a victim of mistaken identity. For nearly five years, he is serving time for another Zakir.
The home ministry last week suggested punitive measures against three officers of Araihazar Police Station who were responsible for the wrongful punishment to Zakir.
The investigation was launched as the High Court intervened following a Bangla daily's report that an innocent person was serving life term.
The ill-fated Zakir is scheduled to be produced before an HC bench today from Kashimpur jail. The Daily Star could not yet manage to speak to Zakir.
As Zakir continues to languish in jail, his wife and two minor children live in dire poverty in the absence of the family's sole breadwinner.
Zakir's uncle Mostafa Kamal told The Daily Star on Saturday, “His [Zakir's] wife now works as a domestic help. She and her two sons live at a Paltan slum. One of the sons has left school to work and support the family."
He also said Zakir had no criminal records whatsoever.
The police investigation has found that three officers of Araihazar Police Station — former officer-in-charge SA Razzak and sub-inspectors Khorshed Alam and Shahidul Islam—were responsible for it all.
Shefina Begum, deputy secretary of the home ministry, told The Daily Star, “The law section of the ministry on July 30 sent a letter to the police section to take disciplinary measures against the three.”
She said the police section would ask the police chief to take punitive action against the trio.
She, however, declined to say what sort of action would betaken.
BROUGHTTO LIGHT
The shocking story of Zakir, son of Shamsul Huq and hailing from Hatkhola Beparipara of Araihazar in Narayanganj, was first reported on June 21 by Bangla daily Bangladesh Protidin.
A HC bench the same day issued a suo moto rule upon the government and asked the authorities concerned to produce Zakir before it on July 15.
After Zakir was brought before the bench from Kashimpur jail on the scheduled date, it ordered the Narayanganj District and Sessions Judge's Court to produce the case documents and the district superintendent of police to submit a report by July30.
Zakir told the HC that he was arrested at Paltan. Police said they had “some talk" with him. They did not inform him if there was a case against him or if he had a conviction, reported Bangla daily Amar Desh.
He added that in the case statement, father's name of the accused was Shamsuddin, “but my father's name is Shamsul Huq".
According to senior superintendent of Kashimpur jail, Zakir was identified by police after his arrest, and “none complained that he was serving jail for another person”.
THE POLICE PROBE
After the HC rule, OC Syed Nazrul Islam of Araihazar Police Station investigated the incident and submitted a preliminary report to the Narayanganj SP on July 4.
The Daily Star has obtained a copy of the probe report.
The probe found that former OC Razzak and SI Khorshed investigated the
murder case filed with the police station by Soleman Mia, son of Vickchan Mia of Narsingdi, on November 11, 1991. Vickchan was mugged and killed in Bajbi Bazar area ofAraihazar.
Razzak submitted the charge sheet on May 10,1992, accusing one Zakir and some others. In the charge sheet, Zakir was identified as son of Shamsuddin of Satyabandi BepariparaofAraihazar.
In 2007, SI Shahidul arrested Zakir Hossain whose father's name and address do not match those in the charge sheet, said the report.
At the court, Shahidul identified the arrestee as Mohammad Zakir, son of Shamsul Huq of Satyabandi Mollapara. Again, father's name and address mentioned by Shahidul were not the same as those in the charge sheet.
Investigator Nazrul Islam said he did not find anyone named Zakir, son of Shamsuddin, at Satyabandi Mollapara.
As to the address in the charge sheet, the election office confirmed there is no voter roll for any area named ^ajyabandi Beparipara.