‘Having same name as the accused’: 80-year-old sent to jail in Patuakhali

The Daily Star  October 10, 2020
Star Online Report

An 80-year-old man was sent to jail instead of the real convict — with the same name — in Galachipa upazila of Patuakhali in a cheque-dishonour related case filed by an NGO.

Patuakhali Joint District Sessions Judge’s Court awarded one-year jail sentence and a fine of Tk 2.40 lakh to the main accused Habibur Rahman in his absence on March 25, 2018.

On October 4, police sent the 80-year-old Habibur Rahman, who had no connection with the case, to jail instead of the main accused. Father’s name of the accused and the innocent elderly man are apparently the same too, reports our Patuakhali correspondent.

Al-Amin, assistant sub-inspector of Galachipa Police Station, said they arrested Habibur Rahman and produced him before the court due to an arrest warrant issued by the court in a case. “But later I found out that he is not the real accused. I have made a mistake. It is very unfortunate.”

Md Monirul Islam, officer-in-charge (OC) of the same police station, said ASI Al-Amin arrested the old man as his name and father’s name matched with the real accused. “We have already sent a letter to the authorities concerned to rectify the matter, and trying to release the innocent old man immediately.”

Habibur deposited a cheque for the loan amount in his own account at Uttara Bank’s Galachipa branch as security in favour of Brac. As Habibur did not repay the loan in time, Brac authorities deposited the cheque — provided by Habibur Rahman — to the bank on April 10, 2013 but there was insufficient funds.

On June 19, 2013, Brac authorities filed a case against Habibur with the district court as he did not repay the loan and even denied taking loan from the NGO.

On March 25, 2018, Patuakhali Joint Sessions Judge Jinnah Jahan Jhunu sentenced Habibur Rahman to one year imprisonment and fined him Tk 2.40 lakh. The court also issued an arrest warrant against Habibur Rahman as he was absent at the court on the verdict day.

ASI Al-Amin arrested innocent Habibur Rahman (80) of Galachipa Banani area from his residence on October 4 instead of the main convict, and sent him to Patuakhali jail on the same day.

Meanwhile, the main accused Habibur Rahman closed down his business from Sadar Road adjacent to Galachipa about five years ago and started a new business on Mahila College Road, reports our Patuakhali correspondent.

Mainul Hasan, superintendent of Patuakhali Police, said a departmental action will be taken against the police officer if the victim’s family lodged any complaint. Besides, they are trying to release the innocent man as soon as possible.