Md Liton was wrongly identified and arrested on December 7, 2019, according to a media report
A writ has been filed with the High Court seeking the immediate release of a 30-year-old man, who has reportedly been a victim of mistaken identity and placed under arrest.
The rights organization Ain o Salish Kendra (ASK) and the victim in question, Md Liton, filed the writ with the High Court on Monday, with a clipping of a news report that brought the issue to light attached to it.
The writ also sought the High Court’s directive to have Liton present before the court virtually or physically to ensure his identity, and to order his immediate release and to have his imprisonment declared illegal.
The hearing of the writ petition has not been fixed yet. Advocate ZI Khan Panna, accompanied by advocate Yadia Zaman and advocate Shahinuzzaman Shahin, will stand for the petitioners at the hearing.
Advocate Shahin confirmed the matter to Dhaka Tribune on Monday.
The home secretary, inspector general of police, inspector general of prisons, deputy commissioner of Bhola and the district’s superintendent of police have been made respondents to the writ, among others.
According to media reports, police arrested day labourer Md Liton, 30, on December 7, 2019, confusing him with 41-year-old convict Md Liton, because the two men’s names, fathers’ names and addresses were the same.
Both the Litons’ fathers’ name is Nur Islam, and they are both from Chotla village in Dhouligournagar union of Lalmohan upazila in Bhola.
The convict Liton was arrested on June 28, 2009 along with two others in Paltan, Dhaka, for carrying an anaesthetic drug that is illegal in Bangladesh.
After securing bail, the 41-year-old Liton and his two cohorts went into hiding.
On October 22, 2014, the Dhaka Metropolitan Special Tribunal 2 sentenced the trio to two years’ rigorous imprisonment and fined them Tk2,000 each.
A media report quoting Saiful Islam, brother of the currently imprisoned Liton, said police had wrongly identified the 30-year-old whereas the real criminal was in hiding.
He said his brother lived in the village, while the other Liton lived in Dhaka.