Jonny's custodial death: HC dismisses appeal of one convict

The High Court today upheld a trial court verdict that sentenced a police informant to seven years imprisonment in a case filed for the custodial death of Ishtiaque Hossain Jonny, a garment-waste trader from Mirpur, in 2014.

The death of Jonny in police custody after torture sparked outrage and led to the country's sole case filed under the Torture and Custodial Death (Prevention) Act, 2013.

The HC bench of Justice SM Kuddus Zaman and Justice Shahed Nuruddin dismissed an appeal filed by the police informant Suman challenging the lower court verdict on the ground that he did not deposit the fine and compensation to the state treasury as per the court order.

The bench, however, said it would restore the appeal of Suman if he deposited the money.

At the same time, the HC fixed November 22 for hearing the appeals filed by other three convicts -- former sub-inspector (SI) Zahidur Rahman, assistant sub-inspector (ASI) Rashedul Islam and police informant Russell.

Rashedul and Russell deposited the fine and compensation money and Zahidur deposited only the compensation to Bangladesh Bank in compliance with the HC order.

The HC today ordered Zahidur to deposit the fine by November 22, court sources said.

According to the case statement, a group of 25 to 26 police officers, including Zahidur, raided a house during a wedding ceremony in Pallabi's Irani camp area and picked up Ishtiaque Hossain Jonny, 28, and his brother Imtiaz Hossain Rocky on February 8, 2014.

Police informants Suman and Russell called the police after Jonny slapped Suman for stalking and harassing women at the programme. Police then tortured the brothers at the station, the statement adds.

Jonny died at the Pallabi Police Station in February, 2014.

On September 9, 2020, a Dhaka court sentenced Zahidur and ex-ASI Qamruzzaman Mintu and Rashedul to life imprisonment and sentenced police informants Suman and Russell to seven years in jail.

The trial court also asked each of the 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.

Convicted 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, Suman and Russell filed separate appeals with the HC challenging the trial court verdict.

Russell secured bail from the HC on November 22 last year and Zahidur, Rashedul, and Suman are now in jail in connection with the case, complainant Rocky told The Daily Star.

Advocate Rezaul Karim, legal adviser, Bangladesh Legal Aid and Services Trust (BLAST), appeared for Rocky while Advocate Md Abdur Razzak Razu appeared for Rashedul during the hearing today.