Though he had no criminal records, Zakir Hossain was picked up by police at Paltan where he used to work at a private firm. He was taken to the police station “for some talks”. It was on November 26, 2007.
Later, police produced him before a Narayanganj court, identifying him as a “convicted fugitive” in a case filed for the killing of a person by some muggers.
The court sent him to jail to serve a life term for conviction in the murder case, which was lodged in 1991 when Zakir was only 11 years old, not even in his teens.
In its verdict delivered in 1997, the court found Zakir and some others guilty. It sentenced Zakir to life in prison and others to lesser terms. The others convicted in the case have already served out their sentences.
Recently, a police probe has found that Zakir, 41, was a victim of mistaken identity. For nearly five years, he is serving time for another Zakir who was convicted in the case in absentia.
The home ministry last week suggested punitive measures against three officers of Araihazar Police Station who have been found responsible for the wrongful punishment to Zakir.
The investigation was launched as the High Court intervened following a news report in a Bangla daily citing that an innocent person is serving life term for another person.
The ill-fated Zakir is scheduled to be produced before a High Court bench today from Kashimpur jail. The Daily Star could not manage to speak to him.
As Zakir has continued to languish in jail, his wife and two minor children have been living in dire poverty in the absence of the sole breadwinner of the family.
Zakir’s uncle Mostafa Kamal told The Daily Star that his nephew was only 11 when the murder took place. “He is the father of two minor sons. He used to work as a clerk at a recruiting agency in the city’s Paltan when he was arrested in 2007.
“His wife now works as a domestic help. She and her two sons live at a Paltan slum,” he said on Saturday.
Mostafa also said Zakir had no criminal records against him.
The police investigation has found that three officers of Araihazar Police Station — former OC SA Razzak and sub-inspectors Mohammad Khorshed Alam and Mohammad Shahidul Islam — were involved in the massive forgery.
Shefina Begum, deputy secretary of the home ministry, told The Daily Star, “The law section of the ministry on July 30 sent a letter to the police section to take disciplinary measures against the three.”
She said the police section would ask the police chief to take punitive action against the trio.
She, however, did not disclose what sort of action would be taken.
BROUGHT TO LIGHT
The shocking story of Zakir, son of Shamsul Huq and hailing from Hatkhola Beparipara of Araihazar in Narayanganj, was first reported on June 21 by Bangla daily Bangladesh Protidin.
A High Court bench the same day issued a suo moto rule upon the government and asked authorities concerned to produce Zakir before the bench on July 15.
On the scheduled day, Zakir was brought to the court from Kashimpur jail. The court ordered the Narayanganj District and Sessions Judge’s Court to produce the case documents and the district SP to submit a report by July 30.
“I was arrested at Paltan and taken to the police station. Police said they had some talks with me. They did not inform me that there was a case against me or I had a conviction,” Zakir told the HC, as reported in Amar Desh, another Bangla daily.
He added that in the case statement, the father’s name of the accused was Shamsuddin, “but my father’s name is Shamsul Huq”.
According to senior superintendent of Kashimpur jail, Zakir Hossain was identified by police after his arrest, and “none complained that he was serving jail for another person”.
THE POLICE PROBE
After the HC’s suo moto rule, OC Syed Nazrul Islam of Araihazar Police Station investigated the incident and submitted a primary probe report to the Narayanganj superintendant of police on July 4.
In the report, he mentioned that the three police personnel had done wrong first in pressing the charges and then in arresting Zakir Hossain.
The Daily Star has obtained a copy of the probe report.
The probe reveals that former OC Razzak and SI Khurshed investigated the murder case filed with the police station by Soleman Mia, son of Vickchan Mia of Narsingdi, on November 11, 1991. Vikchan was mugged and killed in Bajbi Bazar area of Araihazar.
Razzak submitted the charge sheet on May 10, 1992, accusing one Zakir and some others. In the charge sheet, Zakir was identified as son of Shamsuddin of Satyabandi Beparipara of Araihazar.
SI Shahidul in 2007 arrested Zakir Hossain whose father’s name and address do not match those mentioned in the charge sheet, said the report.
At the court, Shahidul identified the arrestee as Mohammad Zakir, son of Shamsul Huq of Satyabandi Mollapara — even though the father’s name and the address were not the same as in the charge sheet. The court ordered Zakir to serve the life term awarded in the murder case.
Investigator Nazrul Islam said he did not find anyone named Zakir, son of Shamsuddin, with the address in Satyabandi Beparipara — as mentioned in the charge sheet.
Courtesy of The Daily Star
