Imprisoned for 10 months because of name mix-up

Both individuals are named Md Almas. There is a partial match in their father's names as well. In a case under the Arms Act, a person named Md Almas was sentenced to 10 years in prison 22 years ago. Based on that verdict, a person has been detained in prison for more than 10 months; his name is also Md Almas. This individual claims that he was arrested instead of the real accused. He has sought the intervention of the higher court regarding this matter.

Documents reveal that in the case under the Arms Act, on 19 June 2004, Dhaka Metropolitan Special Tribunal-11 delivered a judgment. Md Almas (father Md Khalil Ahmed, village Dakshin Bahra, Dohar, Dhaka) was sentenced to 10 years in prison in the judgment. The current address of the accused was mentioned as Ahmednagar, Paikpara, Mirpur in the verdict.

The Almas currently in prison has filed a writ petition in the higher court claiming he was arrested and incarcerated instead of the real accused. The writ mentions his name as Md Almas, father Sheikh Khalil, village Sundaripara, Dohar, Dhaka.

Following this writ, the High Court has ordered an investigation to verify the identity and detailed information of the petitioner Almas (in custody) and the convicted individual.

Information from the writ petition and attached documents indicates that on 10 April 2002, the police filed a case under the Arms Act against Md Almas (24) and Md Nazmul Alam Mamun (22) at Mirpur police station. Later, on 19 June 2004, Dhaka Metropolitan Special Tribunal-11 sentenced Almas to 10 years in prison. The other accused, Nazmul, was acquitted. Almas was absconding when the verdict was pronounced, and a warrant for his arrest was issued.

Due to a name similarity, Almas, who is in prison, stated in the writ that he was arrested in the same case in 2018. He was released through a bail bond (Process No-16/2017) then. The bail mentioned that due to partial errors in the name and address of the accused, he was released to his father's custody in the presence of the local chairman, member, and esteemed individuals. He would be presented to the police authorities if needed.

A certification from the then-chairman of No. 2 Kusumhati union Parishad, dated 22 February 2018, is attached to the writ. The certificate states that Md Almas from South Bahra, father Khalil Ahmed, a fugitive convict in a Mirpur case, is not the local resident (Md Almas, father Sheikh Khalil), who is not the real accused.

It was verified that the convicted person sold his house and moved elsewhere about 25 years ago.

The writ petition reveals that based on the warrant dated 20 March 2024, Almas (father Sheikh Khalil) was presented in court as a convicted accused on 5 November last year. The court sent him to prison.

The police report mentions that the case was filed against Almas while residing in Bahra, Dohar. In 2005 or 2006, his homes were destroyed in river erosion. Later, he settled with his family in Sundaripara (Kusumhati) village under the same police station and went into hiding.

Based on local investigations and interrogations of influential individuals, the police found no other person in South Bahra except Md Almas, father Sheikh Khalil alias Khalil Ahmed.

On 17 August, a writ was filed by the incarcerated Almas seeking immediate release, independent investigation of his identity, and compensation. The writ claims he is not the individual sentenced on 19 June 2004.

He was born on 10 December 1985. At the time of filing the case on 10 April 2002, he was 16 years and 4 months old. However, the FIR stated that the accused Almas was 24 years old. Hence, the writ petitioner is not the convicted individual. Therefore, his arrest was illegal and arbitrary.

After the arrest, Almas (in custody) applied for bail in the Special Tribunal, which was dismissed on 23 November last year, as stated in the writ. A certification dated 9 December last year from the panel chairman of No. 1 Nayabari union Parishad, Dohar, is also provided with the writ. It states that the person arrested on 5 November last year is not the actual accused in the case.

After the preliminary hearing of the writ on 6 September, a High Court bench comprising Justice JBM Hasan and Justice Aziz Ahmed Bhuyan issued a rule along with orders. The court has ordered an investigation to verify the identity and detailed information of the writ petitioner Almas and the convicted individual.

The order instructs the Chief Judicial Magistrate of Dhaka to conduct the investigation through a senior judicial magistrate under his supervision.

The Upazila Executive Officer of Dohar and the Senior Jail Superintendent of Dhaka Central Jail in Keraniganj have been instructed to provide necessary assistance in the investigation.

An investigation report is to be submitted within 45 days from the date of the order. The rule asks why it should not be declared illegal to arrest and detain the writ petitioner in jail instead of the actual accused based on the 2004 verdict. It also asks why an order should not be given to pay the writ petitioner Tk 50 million in compensation. The matter is scheduled to be on the hearing list on 5 November for further orders.

Advocates Md Tanvir Ahmed, Abdullah Abu Saeed, and Atikur Rahman represented the writ petitioner in court. Deputy Attorney General Noor Muhammad Azmi appeared on behalf of the state.

The writ petitioner Almas's (in custody) lawyer, Md Tanvir Ahmed, told Prothom Alo on Saturday that it is the responsibility of the concerned individuals to verify the name and address of the accused when arresting and presenting someone in court in any case.

In the case of the writ petitioner, there was a lapse in this duty. Due to the similarity in names and partial similarity in the father's name, Almas (father Sheikh Khalil) has to suffer despite not committing the crime. This lawyer believes that to prevent such incidents in the future, implementing a digitalisation process for verifying the identity of the accused is crucial.