Some 157 foreigners still imprisoned despite expiry of their jail sentences

Some 157 foreign nationals, who committed offences in Bangladesh, have been still languishing behind the bars even after their jail terms as per the court verdict have been over, says a report of the jail authorities placed before the High Court. 

The Directorate of Prisons submitted the report to the Attorney General's Office on Sunday in line with an earlier instruction of the High Court. 

The foreign nationals include 150 citizens of India, five of Myanmar and one each of Pakistan and Nepal. Of the prisoners, 19 are women, according to the Directorate of Prisons

Deputy Attorney General Amit Das Gupta told reporters that the report will be submitted in the form of an affidavit in the High Court bench of Justice Naima Haider and Justice Kazi Zeenat Haque for hearing on 10 March.

Amit Das Gupta also said despite the term of their sentences ended, there is a delay as they have to be repatriated after communicating with their respective countries, which takes time.

These foreign nationals have mostly been sentenced under the The Control of Entry Act, 1952, the Passport (Offences) Act, 1952 and the Narcotics Control Act.

The case that brought the prolonged imprisonment to light

Govind Uriya, 26, a resident of Kamalpur police station in Tripura state of India was detained by the members of the Bangladesh Border Guard (BGB) for infiltrating Bangladesh through Sreemangal, Moulvibazar, on 19 January 2022.

BGB handed him over to Sreemangal police station on the same day and filed a case against him. After the investigation, the investigating officer issued a charges-sheet on 4 February 2022 accusing him under Section 242 of the Code of Criminal Procedure, 1898 and Section 4 of the Control of Entry Act, 1952.

At the end of the trial, the Moulvibazar fourth judicial court's Judge M Mizbah Ur Rahman convicted him but as there was no charge of trespassing against him in the past, Govind Uriya was sentenced to 2 months and 10 days in prison.

After four more days passed after completion of his sentence, the the court directed the superintendent of Moulvibazar District Jail to arrange his repatriation.

However, two years have passed after this order, and Govind Uriya has been in jail since then.

A report regarding this was aired on a private television channel recently.

On 11 January this year, Supreme Court lawyer Bibhuti Tarafder filed a writ in the High Court citing the TV channel report.

The writ challenged the inaction of those concerned in the release and subsequent repatriation of Govind Uriya.

On 15 January, after the preliminary hearing on this writ, the High Court ordered to arrange for Govind's release.

The court also asked the inspector general of prisons to provide a list of foreign nationals who have been imprisoned without arranging repatriation even after completion of the jail term.

As a result, the jail authorities sent a report regarding this to the Attorney General's office on Sunday for submitting it before the High Court.