When AHM Biplob, a convict in three murder cases, wedded in jail last week, it spawned controversy. The Dhaka Tribune has spoken to several lawyers and jail officials who argued that the country’s jail code does not permit any inmate to get married in prison.
If the prisoner, however, wants to do so, permission from the court dealing with his case is needed, they said.
Former DIG (prisons) Major Shamsul Haider Siddiqui told the Dhaka Tribune that the jail code does not have any provision that permits a prisoner to get married in jail.
“In the case of Biplob’s marriage, the order of the district magistrate is being considered the highest order,” he said.
State Minister for Home Asaduzzaman Khan said on Sunday that the jail wedding of Biplob, who is serving a prison sentence for two murders, was lawful, but did not mention any specific provision relating to marriages of inmates.
“As a fraud case against Biplob, filed under Section 420 and 406, is under trial at the Chief Judicial Court in Lakshmipur, taking permission of the court for marriage was mandatory. However, no such permission was taken and this is a criminal offence,” said Advocate Khurshid Alam Khan.
“Because a case against him is under trial, a court order is needed along with permission from the district magistrate. The marriage did not take place in compliance with the jail code,” he added.
Jailer of Lakshmipur Jail Jainal Abedin and Jail Superintendent Mahbub Alam said no court permission was issued for the wedding and no permission was even sought from the court regarding the marriage.
Jainal told the Dhaka Tribune: “We were not provided any court permission other than a letter from Lakshmipur Deputy Commissioner AKM Tipu Sultan. After receiving the letter, we came to know about the matter.”
“In the afternoon of July 31, I got the letter and initiated the wedding procedure. Biplob was brought to the jail gate in the afternoon in order to complete nuptial formalities. His relatives took permission from the deputy commissioner earlier.”
“He was taken back to jail immediately after all the formalities ended,” Jainal added.
Jail Superintendent Mahbub said: “In the jail code, there is no specific provision for the marriage of an inmate inside prison, but we are bound to obey the order of the deputy commissioner. No permission from the court was sought either.”
The marriage took place at Lakshmipur Jail gate around 5pm on Friday in the presence of Abu Taher, Biplob’s father and an Awami League leader in Lakshmipur, and relatives of both the families. A marriage registrar and two witnesses on behalf of Biplob were also present. The relatives, riding 40 motorbikes and three microbuses, brought the bride to the jail gate around 10pm. The bride and the groom reportedly stayed at jail gate till 1am.
“If that is how the wedding took place, a case will be filed against Biplob. Conjugal visits are not permitted in the country,” Supreme Court Advocate Zunaid Ullah Shoeb told the Dhaka Tribune.
Mahbub and Jainal, however, said a conjugal visit did not take place.
Jainal said: “Conjugal visits are now allowed in Bangladesh and no such thing happened during Biplob’s wedding. As for the wedding night, he might be released on parole.”
DC Tipu Sultan said Taher sought his permission to arrange the wedding in the morning on last Thursday and I granted it.
“The jail code says a deputy commissioner can take any decision regarding a prisoner’s family and social matters,” he said.
Interestingly, Jail Superintendent of Dhaka Central Jail Forman Ali told the Dhaka Tribune that there is no provision in the jail code that says a district magistrate can take decision on issues relating to inmates.
“In some cases, the magistrate can use his administrative power for something which is not mentioned in the jail code. For example, if a prisoner wants to sell his land, a magistrate can grant the permission. In this case, the jailer will obey the decision of the magistrate,” he added.
A covert marital benefit?
The marriage can open new doors for Biplob to seek frequent paroles, said Khurshid.
“A prisoner can seek parole on different grounds such as, to spend his wedding night with his wife, during her pregnancy or to see their child. Biplob is now able to use these excuses. The decision to grant parole is completely up to the Home Ministry. As for conjugal visits, it can only happen if the court permits,” he said.
Shoeb said: “Biplob now can use the excuse of marriage to ask for parole for a particular period of time counted in hours. He can get this legal benefit if the state permits. He can even get parole on humanitarian grounds.”
Biplob tied the knot with Sanjida Akhter, a sophomore at Lakshmipur Government College, in prison on Friday afternoon. Sanjida is the daughter of late advocate Abul Khayer, a member of Pandit Bari which is the house of former Jamaat-e-Islami lawmaker Shafiqul Islam.
Biplob was granted presidential pardon by late Zillur Rahman in 2012 in the advocate Nurul Islam murder case, in which he was awarded death sentence a year earlier. He was granted mercy again by Zillur, and his life sentence in each of the remaining two murder cases was reduced to a 10-year imprisonment.
