Another miscarriage of justice; HC wants Farazi produced before it

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Dhaka, Feb 07: The High Court on Thursday issued a rule asking the authorities concerned to produce before it Badal Farazi who is now in a Bangladesh jail after his extradition in July last from India where he had languished for 10 years in a jail without committing any crime.The HC bench of Justice FRM Nazmul Ahasan and Justice KM Kamrul Kader issued the rule following a writ petition filed by Ain o Salish Kendra.

Lawyers Md Asaduzzaman and Md Shahinuzzaman Shahin stood for the petitioner while deputy attorney general Abdullah Al Mahmud represented the state.

Shahinuzzaman said the court issued the rule asking the authorities concerned why Badal Farazi who is now in Keraniganj jail should not be produced before the court to be sure that he was not imprisoned illegally.

Security Services Division and Foreign secretaries and Inspector General of Police have been made respondents to the rule which is returnable in seven days.

On July 8 last, two Supreme Court lawyers filed a writ petition with the High Court seeking its order to release Badal Farazi which was rejected on July 11 mentioning that it was not pressed.

Badal Farazi was brought back home on July 6 from Tihar Jail in Delhi under the ‘Prisoner Exchange Deal’ with India.

Badal Farazi, 28, son of Abdul Khaleque Farazi and Sarafali Begum, hailing from Mongla in Bagerhat district, entered India on tourist visa through Haridaspurpur border on July 13, 2008 to visit Taj Mahal in Agra.

Immediately after his border cross, Indian Security Force (BSF) members detained Badal as Indian police were looking for one Badal Singh on charge of killing an elderly woman at Amar Colony in New Delhi on May 6, 2008.

He was arrested for the similarity of his name with that of an accused in a murder case.

As Badal could neither speak Hindi nor English, he failed to convince the BSF members that he was not the same person.

Later, a Delhi court sentenced him to life imprisonment on August 7, 2015 and he was sent to the Tihar Jail.

With the help of Bangladesh High Commission in New Delhi, Badal challenged the punishment and filed an appeal with the Supreme Court which also turned down his appeal.

He had to pass 10 years in the jail without committing any crime before being extradited.