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The High Court has allowed a five-year convict in the Yaba case to stay with his family on three conditions, including caring for an elderly mother and caring for children. Following recent High Court directive, the court has provided the opportunity to amend a case under the Narcotics Control Act in Satkhira by sending a convict who was sentenced to one year to enter the house with five conditions instead of send him to jail.
The country’s leading jurists believe that the court’s directive allows defendants to remain with their families on the condition that they be corrected rather than in jail. According to them, an opportunity occurs with a series of specific conditions or conditions. If you met the conditions correctly, you could have missed out on jail time. In the case of leniency, if the court uses it, on the one hand, it will reduce the pressure on the inmates. Another is that you can correct yourself.
Lawyers also say that justice is not always done in the same way as in law. It must be judged fairly so that members of society benefit. Apart from very serious crimes, there are some cases that have the possibility of rectification. This will reduce the pressure on the prison and will also warn people that yes, I did commit a crime once. I will not commit such crimes in the future. The probation officer who is always there will report on this. It is a positive decision and it is good that it is widely publicized.
In this regard, Khandaker Mahbub Hossain, former vice chairman of the Bangladesh Bar Council and former chairman of the Supreme Court Bar Association, said: “There is an opportunity for correction with the family at the entrance, it is available in all countries.” We also have in the country. In the case of leniency here, if the court uses it, on the one hand, it will reduce the pressure on the inmates. On the other hand, new prisoners who go there so that their character as criminals does not get worse.
Khandaker Mahbub Hossain further said that it would be positive if the most important thing is that those who have received lesser sentences can be admitted according to the provisions of the Parole Act. He further said that the decision to give the defendant the opportunity to rectify the case without committing a serious crime and to keep the defendant with his family conditionally without keeping him in jail is very positive.
In this regard, said former Justice Minister Barrister Shafiq Ahmed, the accused also have a responsibility in society or in the family. That responsibility so that he can fulfill. An opportunity is provided with a number of specific conditions or conditions. If he duly fulfilled the conditions, he could have remained in prison. It was an opportunity for his family.
“Probation is a very serious crime, except for murder, there are some cases that have the possibility of being rectified,” he said. That is why it occurs without repetition. So that he can stay with the family and understand that if he commits this crime again, he will be separated from the family and will be punished further. So the field, I think, is the verdict that has been made by looking at society in the true sense. A person has to fulfill his responsibilities in the family and others in the family will feel safe. I think it is this instruction from the Superior Court for justice purposes.
Probation is an informal and social correctional activity. By suspending the sentence of the convict, he is given the opportunity to adapt to society without being imprisoned. This helps you prevent recidivism and become a law-abiding citizen.
Moti Matbar, convicted in the Yaba case on November 8, was allowed to stay with his family under three conditions, including caring for his elderly mother. In the verdict, the court granted probation for a year and a half. The 75-year-old mother has to take care of her, ensure the education and care of her two children. Under the law, a girl cannot marry until she is old enough. You have to meet these three entry conditions for the next year and a half. And it has to be under the supervision of a probation officer. On 8 November, a single High Court of Justice court, Zafar Ahmed, dismissed defendant Moti Matbar’s plea for review against his five-year imprisonment and granted him entry. This is the first and historic verdict in the High Court Division under the Probation Law in Bangladesh, lawyers said.
Attorney Mohammad Shishir Monir appeared for the defendants in the case. Also present were lawyers Md. Ruhul Amin and Md. Asad Uddin. The Deputy Attorney General, Md. Enamul Haque Mollah, represented the state.
Dhaka’s Kotwali Police filed a case on November 23, 2015 against the defendant Moti Matbar and two others for recovering more than 1,000 yaba, lawyers said. Following the trial of the case, on January 8, 2016, the court of first instance sentenced the two defendants to five years of rigorous prison and fined them 20,000 taka under the Narcotics Control Act. When the defendant appealed against the verdict, the Metropolitan Sessions Court dismissed it in the same year. Subsequently, the defendant Moti Matbar requested a review at the National High Court on July 1, 2016. The Superior Court accepted the request for review for the hearing and granted Moti Matbar bail on July 9. He was sentenced to 20 months in prison on November 23, 2015. Since this is Moti Matbar’s first crime and there is no record of being involved in any other crime. That is why he applied for admission under Section 5 of the Parole Ordinance of 1980 at the review hearing.
Mohammad Shishir Monir, the lawyer in the case, said: “In our country, this jurisprudence has not advanced much.” One was sent to prison for fixing a small amount. But in the developed world, even if he is severely punished, he is kept at the entrance considering the behavior and qualities of the person in question. The defendant had the opportunity to correct himself. The court ordered the Dhaka Criminal Correction and Rehabilitation Committee to open the bank account and TIN number in the defendant’s name within 10 days of October 8 this year. At the same time, on October 21, the Dhaka District Probation Officer was requested to report to the High Court on the investigation of the convicted Moti Matbar. According to him, the probation officer gave a positive report on the defendant on November 2 after inquiring about Moti Matbar. After seeing the report, the High Court on Sunday allowed Moti Matbar to stay for a year and a half.
On the other hand, the court has given the opportunity to modify the Narcotics Control Law in Satkhira on November 10 by sending the defendant Hasan Ali Sardar (25), who was sentenced to one year, to enter his house instead of sending him to jail. However, this time the court has ordered him to meet five conditions. If you disobey this order, you will have to go to jail again. Judicial Magistrate of Satkhira Second court judge Yasmin Nahar delivered the verdict.
The name of the convicted defendant who entered was Hasan Ali Sardar. He is the son of Rajab Ali Sardar from the village of Bhadra in Sadar upazila of Satkhira. The defense attorney in the case was ATM Fakhrul Alam and the attorney for the state was Shamsul Bari.
The defendant’s lawyer, ATM Fakhrul Alam, said that the defendant Hasan Ali Sardar received one year of probation, as he was found guilty of possession of three kilograms of cannabis in the case GR 43/15 (TR 29/18). However, the court allowed the defendants to enter the house on five conditions. Sumna Sarmin, a probation officer at the Satkhira Department of Social Services, has been tasked with the responsibility of monitoring whether the convicted defendant meets the conditions. In the verdict of the case, the judge also ordered the social service probation officer to present a report on the matter to the court.
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