Why he shouldn't be given Tk 20 lakh

Zobed Ali Biswas served 13 years in jail even though he was acquitted in a case. He had to endure imprisonment since 2003 and nothing could bring back the years he lost.

But a financial compensation could help at least.     

Zobed might get Tk 20 lakh as compensation for the negligence of none but a court of Satkhira. 

“I want compensation for confining me to jail for 13 years unjustly. I want punishment of those who snatched away 13 years of my life,” he told reporters after the High Court yesterday issued a rule seeking explanations as to why he would not be compensated for languishing in jail.

Yesterday, the HC gave the government four weeks to explain as to why its negligence and failure to release Zobed would not be declared unconstitutional and why the victim would not be compensated with Tk 20 lakh.

The bench of Justice Moyeenul Islam Chowdhury and Justice Md Iqbal Kabir came up with the rule following a writ petition filed by rights organisation -- Children Charity Bangladesh Foundation.

The home secretary, law secretary, High Court registrar, the then judge of Satkhira's Additional Sessions Judge's Court-2, inspector general of prisons and jail superintendent of Satkhira have been made respondents to the rule.

The HC will deliver a final verdict on Zobed's compensation after holding a hearing on the rule, which could take several months, said lawyers. 

Zobed was jailed for life in 2001 for poisoning his eight-year-old daughter Lily in 1994. He was acquitted in 2003 by the HC, petitioner's lawyer Abdul Alim told The Daily Star.

But the Satkhira's Additional Judge's Court-2 never sent the acquittal order to the district jail.

The superior court's verdict was forwarded to the local court. However, the Satkhira court said to have ordered the officials concerned to keep the HC judgment in the record room and did not send it to the jail, Alim said.

Alim said Zobed was released from prison on March 2 this year and Children Charity Bangladesh Foundation then collected relevant documents and filed the writ petition with the HC on May 19 seeking necessary orders.

Zobed said he informed the jail authorities in 2005 about the HC verdict acquitting him.

“I sent eight letters to the Additional Sessions Judge's Court of Satkhira through jail authorities between 2005 and 2010 seeking information about the status of my appeal filed with the High Court … ,” he said.

“But I did not get any reply,” said Zobed, adding that he is now leading a life like that of a helpless person.

On February 24 this year, additional public prosecutors of Satkhira court Zillur Rahman and Fahimul Haque prayed to the Additional Sessions Judge's Court-2 of Satkhira for the release of Zobed Ali.

The court on March 2 ordered his release.