2 years on, neither justice nor relief for Rajib’s family

Tomorrow will mark two years since college student Rajib Hossain died after his hand was caught between two racing buses and severed, but his family have neither gotten any justice nor compensation yet. 

The investigation officer of the case in December last year submitted a charge sheet to a Dhaka Court "secretly" under section 304 (B) of the Bangladesh penal code, which grants imprisonment for a maximum of three years if proven guilty, although a probe report by a high-powered body earlier found that the competition between drivers of the two buses led to his death.

The family filed a no-confidence petition against the charge sheet as they believe it was a murder and the drivers of the two buses -- BRTC and Sajan Paribahan -- should get life sentences.

They are waiting for the hearing of the petition.

The drivers, who were arrested, have recently been released on bail.

Besides, the family -- Rajib's two younger brothers who were reliant on his earnings as they were orphaned at an early age -- is yet to get the Tk 50 lakh as compensation as per the High Court verdict.

The process got stalled as the bus authorities filed two separate leave-to-appeal petitions with the Supreme Court, challenging the High Court verdict. The SC is yet to fix any date for hearing the appeals, BRTC lawyer Barrister Moniruzzaman told The Daily Star today.

"It was a murder. Rajib was killed due to the unholy competition of the two buses… But we are doubtful of getting justice as the investigation officer did not submit the charge sheet properly," Jahanara Begum, Rajib's maternal aunt, told The Daily Star today.

Sub-inspector Idris Ali of Shahbagh Police Station submitted the charge sheet to a Dhaka Court on December 22 last year, in which he mentioned that he shared his findings with the victim's family.

But Jahanara said they came to know of the charge sheet submission only in February this year, which was when they filed the no-confidence petition.  

Jahanara said their no-confidence petition was scheduled to be heard on April 1 but it did not happen because of the coronavirus outbreak and the subsequent countrywide shutdown.

"Accidents are continuing, even during the ongoing shutdown when fewer vehicles are plying the roads.... If the drivers [who were involved in Rajib's accident] were punished and the owners had to pay compensation, other drivers may be careful and the owners might hire skilled drivers and train them well before handing them the vehicles' keys," Jahanara said.

The right hand of Rajib, a third-year Titumir Government College student, was severed after it got caught between two buses that were racing each other in the capital's Karwan Bazar. After being in a coma for two weeks, Rajib died on April 17, 2018.

"We want justice. We want compensation and we also want to see an end to the hazardous driving," Jahanara said.

Following a writ petition, the High Court formed a probe committee to assess the liabilities.

The committee, led by Prof Mizanur Rahman, director of Accident Research Institute at Buet, in its report submitted to the court said reckless driving was the "primary cause of the accident".

The report said the buses were racing and the Sajan Paribahan bus tried to drive into a gap to block the gate of the BRTC bus. The Sajan Paribahan bus side-swiped the BRTC bus which resulted in Rajib being fatally injured.

The report pointed out that the heavy vehicles were illegally being driven by drivers with licences to drive light vehicles. It held the BRTC bus liable to "some extent".

Both buses were on daily leases to drivers and helpers.

On October 4 last year, The HC in its full verdict asked BRTC and Sajan Paribahan owners to pay Tk 25 lakh each to Rajib's two brother within two months.

In the verdict, the High Court directed the authorities concerned to bring bus services in all metropolitan cities under the franchising system, which would allow one company to operate all buses on each route and end unhealthy competition among drivers.

It also said trip-based or daily payment-based appointment of public bus drivers should be banned, and a company should recruit them with a monthly salary.

The court also ordered the authorities concerned to run vision and drug tests at the time of granting and renewing licences for drivers of all vehicles.

But the situation has remained almost the same before the authorities enforced shutdown recently to contain spread of coronavirus. The competition, believed to be the root cause behind Rajib's death, continues.