The High Court yesterday directed the government to submit a list of those prisoners, who were in jail even after expiry of serving their jail periods.In response to a writ petition filed by Ain o Salish Kendra (ASK), the HC bench comprising Justice Quazi Rezaul Haque and Justice Abu Taher Md Saifur Rahman came up with the order.
Home secretary and Inspector Genera of prison have been asked to submit the list before the HC.
It also issued a rule asking the government to explain why its inaction relating to the implementation of section 35((A) of the Criminal Procedure of Code (CrPC) should not be declared illegal.
Section 35 (A) of CrPC says “Except in the case of an offence punishable only with death, when any court finds an accused guilty of an offence and, upon conviction, sentences such accused to any term of imprisonment, simple or rigorous, it shall deduct from the sentence of imprisonment, the total period the accused may have been in custody in the meantime, in connection with that offence.”
ASK filed the writ petition with the HC stating that a total of 43 prisoners of Sylhet jail were deprived in getting the benefit of section 35(A) of the CrPC. If the section would have applied properly, the 43 prisoners of Sylhet jail would have released from jail, Advocate Abonti Nurul, counsel for ASK said.
Deuty attorney general Taposh Kumar Biswash represented the state during the hearing.