A brother’s quest for justice may end today

Today is likely to be the culmination of a long and strenuous battle for justice.

Imtiaz Hossain Rocky has waged a six-and-a-half-year struggle to see justice for his elder brother, Ishtiaq Hossain Jonny, who was tortured to death allegedly by a police team.

His quest for justice has not only been rocky, but fraught with danger all through. There were threats, intimidation and even monetary temptation, but Rocky chose not to give up the fight.

With fingers crossed, he is waiting for today's judgment to be delivered by a Dhaka court in the case, the first ever filed under the Torture and Custodial Death (Prevention) Act, 2013. Today's verdict will also be the first under this Act.

"I hope I get justice," Rocky told The Daily Star.

For their mother Khursheda Begum, the last six and a half years have been spent in seemingly unending agony.

"I hope those who are involved in torturing my beloved son to death will be given the highest punishment," she said.

"If they are not punished, the life of my only surviving son may be in danger. I have lost one son and live each day in the fear that the accused may cause harm to my other son. I am always scared when my son goes out," she said in a choked voice.

"At times, the accused police officials have intimidated me and the key witnesses by hiring local goons and using politically influential people so that I withdraw the case or the witnesses refrain from testifying in court," Rocky said.

"At other times, they [the accused] or their family members offered huge sums of money to withdraw the case. But I pledged to continue the fight until the killers of my brother are punished."

Financial constraints were a constant but Rocky, the lone breadwinner of his family -- consisting of his mother, Jonny's wife and two children -- had to spend around Tk 10 lakh to fight the legal battle.

"You know how hard it is to file a case against police and wage a legal battle against them till the end. I have spent much of my time and sacrificed many of my dreams for this cause," Rocky added.

On February 7, 2014, a police team led by Sub-inspector Jahidur Rahman Khan picked up Rocky and his 28-year-old brother from the capital's Pallabi Irani Camp area along with some others from a pre-wedding programme of Jonny's friend.

Putting a single cuff on the brothers' wrists, SI Jahid and several other policemen tied them tightly to a pillar and severely beat and trampled them inside Pallabi Police Station for around two and a half hours from 2:30am, alleged Rocky.

He said when Jonny asked for some water, the policemen spit at him.

"I cannot forget that scene for a single day," he added.

Unable to endure the torture, Jonny collapsed and lost consciousness. Police took him to a local hospital that night where Jonny, driver of a mobile operator, succumbed to his injuries.

Rocky was later shown arrested under section 54 of the Criminal Procedure Code (CrPC).

Rocky said it took him six months to file the case since he fell sick being tortured by police.

Both mother and son thanked Prime Minister Sheikh Hasina for enacting such a law and requested the government to take the responsibility of Jonny's son and daughter as he was killed in police custody.

THE INCIDENT, CASE, INVESTIGATION AND TRIAL

On the night of February 9, 2014, police informants Sumon and Russell called police after Jonny slapped him for teasing women at the pre-wedding programme.

The accused policemen then allegedly tortured Jonny to death. The brothers were tortured before three other locals, who were also picked up, according to the case statement.

Rocky filed a case with a Dhaka court on August 7 that year, accusing eight persons.

Dhaka Metropolitan Magistrate Maruf Hossain conducted a judicial inquiry and submitted the probe report on February 17 in 2015. The probe found involvement of Pallabi Police Station's then SI Jahid, assistant sub-inspectors Md Kamruzzaman Minto and Rashedul Hassan and two police informants Russel and Sumon in the incident.

SI Jahid and Sumon were arrested later and have been in jail since. Md Kamruzzaman Minto and Rashedul Hassan obtained bail, while Russel has been on the run since the incident.

The court has already issued a warrant for Minto as he did not appear before it during the hearing.

The court framed charges against the five on April 17, 2016, and deposition of witnesses started on May 16 that year.

Rocky said after the court recorded depositions of some witnesses, the accused filed a writ with the High Court seeking stay on the trial proceedings at the lower court.

On February 27 last year, the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman cleared the way for the lower court to resume trial against all accused, including the two suspended police officials in connection with the Jonny murder case.

The bench also ordered the trial court to finish the proceedings within 180 days, as per the Torture and Custodial Death (Prevention) Act, 2013.

The officer concerned delayed seven months in sending the High Court order to the lower court concerned, prompting the Supreme Court administration to issue a show-cause notice to the official.

Finally, the order was sent to the lower court and deposition of witnesses started again in 2019.

The court recorded statements of 24 witnesses before fixing today to deliver the verdict.