Unlawful Detention of Badol Faraji

February 18, 2019 - Advocacy - no comments
Case Name and Number: Badal Faraji Illegal Detention Case, Writ Petition No 1376 of 2019
Parties: Ain o Salish Kendra (ASK) v Bangladesh and others
Court: High Court Division in the Supreme Court of Bangladesh
Judges: Mr. Justice FRM Nazmul Ahasan and Mr Justice KM Kamrul Kader
ASK’s Role: Petitioner
Conducting Lawyer: Md Asaduzzaman
with Md Shahinuzzaman and Mr Anisul Hassan
Subject Matter: This case was filed challenging the unlawful detention of the detained who has been languishing in custody for around 11 years [He was in the Indian custody the initial 7 years before being adjudicated, then 3 year in imprisonment, and after being released as innocent from the India, he was once again imprisoned in Bangladesh since 6 July 2018].

Faraji has been detained in custody without committing any offence in India, for the offence committed by a Badol Singh, and not against Badol Faraji, and as such the detention is illegal, without any lawful authority and of no legal effect.

It is apparent from the Daily Prothom Alo that Bangladesh Government, considers him “innocent” and a victim of circumstances, and thus detaining him is illegal and without any lawful authority.
Court’s Response: On 07 February 2019 the Court passed a Rule Nisi calling upon the respondents to show cause as to why they shall not be directed to bring detained Badol Faraji, now detained in Karaniganj Central Jail, Dhaka, before the Court to satisfy itself that the detained is held in custody without lawful authority and is an unlawful manner and/or such other further order or orders passed as to this Court may seem fit and proper, and the rule is made returnable within 01 week and the Respondent No. 3, Editor-Daily Prothom Alo, is directed to submit an affidavit-in-compliance of authentication in support of the news item published on 06 February 2019, and the Petitioner is directed to put in two sets of requisites for service of notices both in usual course as well as through registered post within 72 hours.
Current Status: The case is pending.
ASK Contact: Nina Goswani, Senior Deputy Director, Ain o Salish Kendra (ASK).

Email:ask@citechco.net