Why Joj Mia should not be given adequate compensation: HC

The High Court has issued a rule asking the authorities concerned as to why adequate compensation should not be given to Md Jalal alias Joj Mia who was wrongfully tried in August 21 grenade attack case.

The court also questioned why his wrongful arrest, arrest warrant and imprisonment will not be declared illegal.

The HC bench of Justice Mozibur Rahman Mia and Justice Kazi Ejarul Haque Akondo issued the rule on Tuesday during a hearing on a writ petition filed seeking Tk 10 crore as compensation for Joj Mia.

Barrister Humayun Kabir Pallab appeared for the petitioner while Deputy Attorney General Arobinda Kumar Roy represented the state during the hearing.

On September 12, Supreme Court (SC) lawyer Humayun Kabir Pallab filed the writ petition with the High Court.

The petition also sought formation of a committee headed by a retired judge of the Appellate Division to identify those who had tried Joj Mia in a false case.

Home Secretary, Deputy Commissioner (DC) of Dhaka district, Officer In-charge (OC) of Motijheel Police Station, OC of Senbag Police Station of Noakhali, Criminal Investigation Department (CID) of Police, ex-Inspector General of Police (IGP) Khuda Baksh Chowdhury, ex-Assistant Superintendent of Police (ASP) Abdur Rashid, ex-ASP Munshi Atiqur Rahman and ex-Superintendent of Police (SP) Md Ruhul Amin have been made respondents to the writ.

The petition said that Joj Mia can be compensated by confiscating the wealth of those responsible for the August 21 grenade attack, including then Home Minister Lutfozzaman Babar, ex-IGP Khuda Baksh Chowdhury, ex-ASP Abdur Rashid, Munshi Atiqur Rahman and ex SP Md Ruhul Amin.

On August 11, a legal notice was served against 11 people asking for compensating Joj Mia. The notice had asked the respondents to take steps in this regard within 15 days of receiving the notice.

At least 24 leaders and activists of the Awami League (AL) were killed and many injured in a grenade attack that was launched at an AL rally at the capital’s Bangabandhu Avenue on August 21, 2004. On June 9, 2005, Joj Mia was detained from as a suspect from Noakhali’s Senbag upazila and taken into a 17-day police remand.

During the remand period, CID collected a false confession from Joj Mia, in which he said that he had taken part in the grenade attack in exchange of Tk 5000 following the orders of his big brothers.

In 2007, an interim government decided to reinvestigate the Joj Mia case. On June 11, 2008, CID completed the fresh investigation and produced the charge sheet of the case, in which Joj Mia was proven not guilty.