10 months for a name: The innocent man jailed by mistake

The High Court has ordered the immediate release of an innocent man named Md Almas, who spent ten months behind bars due to a mistaken identity involving a similar name in an arms case.

On Sunday (8 November), a High Court bench comprising Justice JBM Hasan and Justice Aziz Ahmed Bhuiyan delivered the verdict. Assistant Attorney General Barrister Mohiuddin Hanif represented the state, while Advocate Tanvir Ahmed stood for the petitioner.

Previously, a report submitted to the High Court on 5 November revealed that the actual convict in the arms case, also named Md Almas, had been fugitive since the start of the trial and is currently living in Canada.

The Almas languishing in prison is the son of Sheikh Khalil from Kusumhati in Dohar, Dhaka, and bears no connection to the crime. The true convict is the son of Khalilur Rahman from Purba Dhowair village under Nayabari union in Dohar, sentenced to ten years in an arms case filed at Mirpur Police Station.

Seeking legal remedy, the innocent Almas filed a writ petition with the High Court. Following its initial hearing, the court ordered a judicial inquiry, prompting Senior Judicial Magistrate Mahfuzur Rahman to investigate and submit a report.

The inquiry uncovered severe lapses and procedural flaws by law enforcement. Address discrepancies in the police forwarding letter, charge sheet, and arrest warrant created confusion because both men resided under the same Dakpara post office area. Although their fathers' names bore superficial similarities, deep discrepancies existed: the jailed Almas's father is Sheikh Khalil and grandfather is Sheikh Nawab Ali, whereas the convict's father is Khalil Ahmed and grandfather is Sheikh Shahor Ali.

Furthermore, their family structures differed; the actual convict is the only brother to three sisters, while the jailed Almas has two brothers and two sisters.

Discrepancies were also found in their ages and lifestyles. In 2002, the actual convict was reportedly twenty-four years old—making him roughly forty-eight in 2026—whereas the imprisoned Almas was born on 10 December 1985, making him about forty-one years old today (approximately seventeen in 2002), representing a significant seven-year age gap.

Additionally, the real convict resided in Mirpur Paikpara with no listed occupation, while the jailed Almas earned his livelihood through farming and electrical work.

Taking all aspects into consideration, the court identified the administrative errors and ordered the immediate release of the innocent Almas.

-SA