10 years on, justice remains elusive

It has been 10 years since the brutal custodial torture and death of Ishtiaque Hossain Jonny, a garment-waste trader from Dhaka's Mirpur, and his family is still waiting for ultimate justice.

The High Court, however, could not start hearing of the appeals yet due to lack of paper book, which contains all the details of a case, including trial proceedings, statements, evidence, verdicts and other documents, that are necessary for the court for hearing and disposing of an appeal.

Meanwhile, Jonny's family members have been suffering emotionally and financially, as they are yet to get any compensation from the convicted accused.

The trial court had directed three convicted accused 40 months ago to give Jonny's family Tk 6 lakh as compensation, but the HC later issued a stay order to this effect in 2021.

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

Informants Sumon and Russell had called the police personnel 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 shifted 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.

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

Besides, the trial court asked each of the officers to pay Tk 2 lakh to the complainant as compensation.

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

Qamruzzaman has been absconding, while Russell surrendered to the lower court and then secured bail from the HC on November 27, 2022, said Rocky's lawyer Md Rezaul Karim.

Zahidur, Rashedul, Sumon and Russell filed four appeals with the HC challenging their conviction and sentences.

The HC in February and November, 2021, admitted their appeals for hearing, and stayed the trial court's direction for compensation. It could not start the appeal hearings as the defence has not prepared the paper book even though this court in October last year directed a convict, Rashedul, to do it.

Meanwhile, Rashedul's lawyer Md Abdur Razzaq Razu said his client has deposited Tk 3 lakh to Bangladesh Bank in compliance with the HC order.

Besides, the paper book section of the HC demanded Tk 40,000 for preparing it even though Rashedul's family is facing financial crisis, he said.

The lawyer, however, said the paper book may be readied in a month and the HC will fix a date for hearing.

Except Qamruzzaman, the two other convicted former officers have deposited compensation and fine money to Bangladesh Bank, Razzaq added.