Md Rubel has been in jail since March 10, 2019, instead of the real accused, Rubel Ali
The High Court has directed the chief judicial magistrate of Chapainawabganj to take immediate legal steps for saving Md Rubel, 23, an innocent serving jail instead of another Rubel.
The bench of Justice M Enayetur Rahim passed the suo-motu order while Supreme Court Lawyer Advocate Mohammad Shishir Manir took the matter to court, following a report published in a national Bangla daily.
The High Court asked the chief judicial magistrate of Chapainawabganj to take immediate legal steps and inform the High Court after its reopening.
The published newspaper report said, on April 6, 2018, Rubel Ali allies Rubel Babul, 26, son of Montu Ali from Chorpanka Kodomtola of Panka union was arrested on allegation of taking drug (cannabis) near the Kalupur bridge in Shibganj upazila at Chapainawabganj.
Rubel Ali was sent to jail and granted bail after five days. He slipped away from his address, though he appeared at the next three hearings since bail.
On July 10 of the same year, the court issued an arrest warrant against him after police submitted a charge sheet.
The warrant was left at the Shibganj police station for a long time, cited the report.
It also said, on March 10, 2019, police arrested Md Rubel, 23, son of Md Montu at the Jamaipara village near the Shibganj police station.
His father Md Montu said, a few years ago Rubel had broken both of his legs after falling from a building while working as a mason in a construction site.
He was bedridden for two years. After long treatment he is able to walk a little but his left leg will never fully recover.
On the other hand, one year ago the main accused Rubel Ali left the village with his wife and children.
His father Montu Ali said he does not know where his son is and he has no contact with him.
The correspondent of the Bangla daily was able to contact the accused Rubel Ali after several tries. Rubel said that he gave Tk26,000 to police through a broker Sona Miah and later the broker granted bail for him.
The broker also told him that now there is no case against him, the report added.
According to the report, Shamsul Alam Shah, officer in-charge of the Shibganj police station said, it seems that correct information could not be verified during the arrest.
He added: “We are figuring out how to get the innocent Rubel released from jail.”