The High Court on Monday issued a rule asking why instructions should not be given to pay Tk5 crore in compensation to Ibrahim Sheikh of Batiaghata, Khulna, who had to wait nearly eight years in prison after being acquitted by the court due to a delay in delivering his acquittal order to prison authorities.
A High Court bench comprising Justice Bhishmadev Chakrabortty and Justice Sheikh Tahsin Ali issued the rule following a primary hearing on a writ petition.
Gobinda Chandra Pramanik filed the public interest writ petition on behalf of the Bangladesh Jatiya Hindu Mahajote after media reports highlighted Ibrahim Sheikh’s plight.
The writ petition prayed to declare the eight-year failure to transmit and execute Ibrahim Sheikh’s acquittal order as illegal, unconstitutional, and a violation of fundamental rights guaranteed under Articles 27, 31, and 32 of the Constitution.
It also sought directions to pay Tk5 crore or an exemplary amount determined by the court as compensation for the loss of his freedom, dignity, and livelihood caused by prolonged incarceration, alongside directions to ensure his complete rehabilitation, housing, and medical care.
According to the details of the writ, Ibrahim Sheikh, a night watchman by profession residing in Batiaghata upazila of Khulna, was arrested by police on murder and other charges in 2003 while returning home in the morning after completing his night guard duty.
Owing to financial insolvency, he was unable to engage a lawyer.
Later, a Sessions Court sentenced him to death in a murder case and to life imprisonment in another case. On 20 July 2017, the High Court acquitted him in both the death penalty case and the life imprisonment case.
However, it took nearly eight years for the copy of the acquittal order to reach the prison authorities, with the writ noting that the order failed to reach the jail on time due to a lack of lobbying.
During his 22 years of imprisonment, Ibrahim’s mother passed away and his wife left him. He became severely ill physically and mentally as a result of the long incarceration and is currently unable to undergo medical treatment due to extreme poverty.
Advocate Muhammad Hasan Shahid Kamruzzaman argued for the writ petitioner during the hearing, while Deputy Attorney General Imam Hossain Tareq represented the state.
Gobinda Chandra Pramanik stated that the writ highlighted the responsibility and liability of those concerned for failing to transmit and execute the acquittal order for eight years and brought forward the violation of Ibrahim’s fundamental rights.
In its rule, the High Court asked the respondents to explain why their failure to send and execute the acquittal order should not be declared illegal and unconstitutional, and why directions should not be issued to pay Tk5 crore or an appropriate compensation amount to make up for Ibrahim Sheikh’s long imprisonment.
