The Supreme Court on Monday asked the home ministry and Prison Department to strictly comply with section 35(A) of the Code of Criminal Procedure, 1898 that says the term any convict has served in jail during trial proceedings will be deducted from the total tenure of his/her imprisonment.
A five-member full bench of the Appellate Division, headed by Chief Justice Syed Mahmud Hossain, passed the order while delivering a verdict on an appeal filed by a convict, Md Younus Ali, challenging a High Court verdict that sentenced him to life imprisonment in a murder case.
The bench also asked the home ministry and the jail authorities to take necessary steps to this effect.
The apex court also asked the jail authorities to comply with the section regarding Younus Ali’s imprisonment.
Younus’ lawyer Golam Abbas Chowdhury Dulal said if the section complies with Younus' imprisonment then there will be no bar on his release from jail.
Mr Abbas Chowdhury said, “Younus has been in jail for 26 years. According to the jail code he has already served 34 years in jail whereas life imprisonment is 30 years in jail. That is why we prayed to the court to consider the advantage of Section 35(A) of the Code of Criminal Procedure in case of Younus.”
He said according to Section 35A(1) of the Code of Criminal Procedure, 1898, the tenure of any convict serving in jail during trial proceedings is supposed to be deducted from the total imprisonment handed down by the court concerned to him or her in the case. But the section did not comply properly.
But the apex court asked the home ministry and prisons department to strictly comply with the section and to take necessary steps to this effect, added the lawyer.
A lower court sentenced Younus Ali to death in the case in 2020, and the High Court has commuted his death sentence to life imprisonment in the same case in 2005.
Younus then filed an appeal with the SC against the High Court verdict and also sought release from jail claiming that he has already suffered in jail for 26 years.
