Jonny’s Custodial Death: ‘Still deprived of final justice’
Neither the government nor police has given us any financial assistance. I can't work regularly, as I become sick very often due to the torture. We now want the High Court to settle the case quickly and give the verdict.
It's been nine years since the brutal custodial torture and death of Ishtiaque Hossain Jonny, a garment-waste trader from the capital's Mirpur, and yet, his family is still waiting for ultimate justice.
Jonny's family members, who have been suffering emotionally and financially, are yet to get any compensation from the convicted accused. Twenty-eight months ago, the trial court directed them to give Tk 6 lakh, but the High Court has issued a stay order to this effect.
It is still uncertain when the HC will finally dispose of the convicts' appeals, as their lawyers are visibly not so sincere about moving the appeals and are rather trying to secure bail for them.
A group of 25 to 26 police officers -- including 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 28 years old, and his brother Imtiaz Hossain Rocky on February 8, 2014.
Police informants Sumon and Russell called police after Jonny slapped Sumon for stalking and harassing women at the programme. Police brutally tortured the brothers at the 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 a case with the Metropolitan Sessions Judge's Court of Dhaka in connection with the death of his brother.
On September 9, 2020, a Dhaka court sentenced three former officers of Pallabi Police Station to life imprisonment and two others to seven years in jail.
The three officers are former sub-inspector Zahidur, and former assistant sub-inspectors Qamruzzaman Mintu and Rashedul Islam. The two other convicts are Sumon and Russell.
Besides, the trial court asked each of the officers to pay Tk 2 lakh to the complainant as compensation.
This was first verdict under the Torture and Custodial Death (Prevention) Act, 2013.
Convicted Mintu has been on the run, and Russell, who had been absconding during the delivery of the trial court's judgement, later on surrendered to the lower court and then secured bail from the HC on November 27, 2022 in this case, Rocky's lawyer Md Rezaul Karim told The Daily Star.
Convicted Zahidur, Rashedul, Sumon and Russell filed four separate appeals with the HC challenging their conviction and sentences.
The HC admitted their appeals for hearing, and stayed the trial court's direction for compensation, lawyer Rezaul Karim said, adding that the convicts are trying to get bail from the HC.
He said if the HC grants bail to the convicts, they will get released from jail and then their lawyers will not move their pending appeals for final disposal.
"This is the sole case filed under the Torture and Custodial Death (Prevention) Act, 2013, as people in general don't dare lodge cases against law enforcers for torture and death in custody," said Rezaul.
Contacted, Deputy Attorney General Sujit Chatterjee Bappi told The Daily Star that a long period may be needed for the HC to dispose of the appeals, as they have not papered books of the appeals through lawyers.
A paper book, which contains all the details of a case, trial proceedings, statements, evidence, verdicts and other documents, is necessary for the HC to hear and dispose of an appeal in such a case, he added.
Zahidur's lawyer Kondaker Gulzar Hossain told this correspondent that a fabricated case has been filed against his client centring Jonny's death, which is a very sensational incident.
"We will move the appeal before the High Court after the sensation is over," he added.
Rocky told The Daily Star, "We're still deprived of final justice. We've almost become destitute fighting the long legal battle. I have almost become physically disabled, as police tortured my brother and I on February 8, 2014."
"Neither the government nor police has given us any financial assistance. I can't work regularly, as I become sick very often due to the torture. We now want the High Court to settle the case quickly and give the verdict," he added.
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