Prisoners’ Rights

Case Name and Number: Under Trial Prisoners’ Case, Writ Petition No. 8216/2005
Parties: Ain o Salish Kendra Vs. Government and others
Court: High Court Division of the Supreme Court
Judges: Justice Nozrul Islam Chowdhury, Justice Zubayer Rahman Chowdhury
ASK’s Role: Petitioner
Conducting Lawyer: Md. Nizamul Huq
Subject Matter: Detention of 1013 under trial prisoners who have not been produced before the court for a single day for five years resulting in deprivation of their right to speedy trial and to be treated in accordance with law. According to law, investigation is to be completed with in 90 days, which will be followed by trial within 360 days. Law also provides that the trial is to be conducted in presence of the prisoners. But non-production of the prisoners in the court resulted in stalemate of their trial and they had been languishing in jail for indefinite period.
Court’s Response: The Court directed the Inspector General of Prison to furnish a report detailing the particulars of such prisoners before the Court within two months. After submitting the report by the jail authority the Court issued a rule nisi upon the Government as to why the respondents should not release the prisoners on bail and why they should not be directed to conduct speedy trial in those cases.
Current Status: The case is now pending for hearing.
ASK Contact: Abu Obaidur Rahman, Senior Coordinator, Legal Advocacy & Policy Reform Unit. Email:ask@citechco.net