Four years have passed after the concerned lower court finished the trial proceedings and delivered its verdict in a case filed for the custodial torture and death of Ishtiaque Hossain Jonny, a garment-waste trader from Mirpur, 10 years ago.

The High Court is yet to conclude hearings of the appeals lodged by the convicted accused, challenging the trial court verdict.

The HC bench of Justice SM Kuddus Zaman and Justice AKM Rabiul Hassan started hearing the appeals on July 10 and held hearings for three working days till July 31.

The bench is scheduled to resume the hearing on October 24, the concerned lawyers told The Daily Star.

The jurisdiction of the bench led by SM Kuddus Zaman has been reconstituted by the chief justice a few weeks back as a routine work.

The HC bench could not start the hearing earlier as the convicted accused have failed to prepare the essential paper book for the case on time, according to the lawyers.

Meanwhile, family members of Jonny, whose custodial torture and death in 2014 had sparked outrage in the country, are still awaiting the HC verdict in the case.

The lower court delivered its judgment on September 9, 2020, sentencing 5 people, including 3 police officials, to different jail terms.

A group of 25 to 26 police officers -- including the then sub-inspector of Pallabi Police Station Zahidur Rahman -- raided a house during a wedding ceremony in Pallabi's Irani camp area and picked up Jonny, who was then 28, and his brother Imtiaz Hossain Rocky, on February 8, 2014.

Police informers Sumon and Russell called the law enforcers after Jonny slapped Sumon for harassing women at the programme. Police then tortured the brothers at the police station, according to the case statement.

After Jonny fell sick the next day, he was admitted to a local clinic. Later, he was transferred to Suhrawardy Hospital, where doctors declared him dead.

On August 8, 2014, Rocky filed the case with the Metropolitan Sessions Judge's Court of Dhaka.

On September 9, 2020, a Dhaka court sentenced former SI Zahidur and former assistant sub-inspectors Qamruzzaman Mintu and Rashedul Islam of Pallabi Police Station to life imprisonment and sentenced police informers Sumon and Russell to seven years in jail.

The trial court also asked each of the former officers to pay Tk 2 lakh compensation to the complainant, Rocky, through Bangladesh Bank and fined Zahidur and Rashedul Tk 1 lakh each. Sumon and Russell were fined Tk 20,000 each.

This was the first and sole verdict under the Torture and Custodial Death (Prevention) Act, 2013.

Since then, Mintu has been on the run, and Russell, who had been absconding during the delivery of the trial court's judgment, surrendered to the lower court later.

Zahidur, Rashedul, Sumon and Russell filed appeals with the HC challenging the trial court verdicts.

Russell secured bail from the HC on November 22, 2022 and Zahidur, Rashedul and Sumon are now in jail, Rocky told The Daily Star on September 6.

He also said that he is yet to receive any compensation from the convicts, as the appeals of the case have not been disposed of by the HC.

On May 10 last year, the HC refused to grant bail to Zahidur, Rashedul and Sumon and also ordered the convicted accused to deposit the fines to the treasury of the state within a month.

The HC bench led by Justice SM Kuddus Zaman also asked Rashedul to prepare the case's paper book in two months.

A paper book that contains all details of a case, trial proceedings, statements, evidence, orders, verdicts and other relevant documents is necessary for the HC to hear and dispose of an appeal.

Advocate SM Rezaul Karim, principal lawyer for Rocky, said, "Though the hearing jurisdiction of the High Court bench led by Justice SM Kuddus Zaman has been reconstituted by the chief justice, we will try to move the appeals before this bench on October 23. If the bench refuses to resume the hearing on October 23, we will pray to the chief justice to allow this High Court bench to resume hearing of the appeals, conclude the hearing and deliver a verdict in the case."

Rashedul's lawyer Md Abdur Razzak Razu claimed that all three convicted accused have deposited the compensation and fines to Bangladesh Bank while filing their appeals in accordance with the relevant provisions of the law.