'Aynabaji-style' jail fraud in Gazipur: Case filed, lawyer issued show-cause notice
In addition, a show-cause notice has been issued to a lawyer for presenting someone other than the real accused before the court.
A case has been filed in Gazipur over the incident in which a man served jail time on behalf of another in exchange for money.
Today (11 December), Rafiqul Islam, bench assistant of the Forest Court, filed the case with the Gazipur Chief Metropolitan Magistrate Court.
In addition, a show-cause notice has been issued to a lawyer for presenting someone other than the real accused before the court.
In a Forest Department case, an arrest warrant had been issued against Md Sattar Mia. But instead of surrendering before the court, another man — Saiful Islam — appeared on his behalf.
The court rejected the bail petition submitted in Sattar's name and ordered the accused to be sent to jail. Saiful reportedly agreed to impersonate the accused and serve jail time in exchange for just Tk15,000.
The accused named in the new case are Sattar Mia (45), son of Alfaz Uddin of Mothajuri Talchala village in Kaliakair upazila, and the actual accused in the forest case; and Saiful Islam (30), son of Rahim Badsha of the same village, who went to jail in Sattar's place.
Court sources said that on 9 September, forest officials caught several individuals red-handed while they were cutting trees in the Kachighata beat under the Fulbaria Range. Although the officials initially retreated after being threatened with local weapons, beat officer Abu Sharif Ur Rahman Khan Chowdhury later filed a case under the Forest Act against Sattar Mia, Babul Hossain, Md Samad and Md Hanif. After taking the case into cognisance, the court issued arrest warrants for the accused.
Nearly three months later, on 7 December, Gazipur Judge Court lawyer Shyamal Sarkar submitted a voluntary surrender petition on behalf of Sattar and sought bail. The court rejected the plea and ordered the accused to be sent to jail.
The impersonation was exposed the next day, 8 December, when Gazipur District Jail authorities conducted a biometric verification (fingerprints and iris scan) of the detainee. The test confirmed that the man in custody was not Sattar Mia but Saiful Islam, according to his national ID.
The case alleges that by concealing the identity of the real accused, Sattar, Saiful and other unidentified persons committed offences under Sections 196, 205, 417, 420, 466 and 468 of the Penal Code.
A show-cause notice has also been issued to lawyer Shyamal Sarkar, asking him to explain his role in presenting the wrong person before the court. Jewel Rana, director (additional charge) of the Gazipur Forest Court, said the judge has instructed the concerned police station to prepare an FIR (First Information Report) and asked the lawyer to respond to the notice within seven days.
Gazipur Jail Superintendent Md Rafiqul Kader said, "When the accused was admitted on 7 December, he stated his name as Sattar. The court documents also carried the same name, so we had no reason to doubt it. After learning about the issue, we conducted biometric verification and confirmed the detainee was Saiful Islam, not Sattar."
He added that the prison authorities informed the Inspector General of Prisons and the judge of Gazipur Judicial Magistrate Court-2 in writing on 8 December.
Earlier on Tuesday, The Business Standard reported the incident.
