An unending wait for justice

Ishtiaque Hossain Jonny

A year after the landmark verdict on the custodial death of Ishtiaque Hossain Jonny, where three police officers were sentenced to life imprisonment, things are at a stalemate.

The High Court Division has stayed the conviction, and the victim's family are enduring an unending wait for the justice and compensation promised to them.

This was stated at a discussion session held by Bangladesh Legal Aid Services Trust (BLAST) yesterday to commemorate a year of the first ever verdict of a case of custodial death filed under the Torture and Custodial Death (Prevention) Act, 2013.

On February 7, 2014, a police team led by sub-inspector Jahidur picked up Jonny and his brother Imtiaz Hossain Rocky from the capital's Pallabi Irani Camp area, along with some others, from a pre-wedding programme.

They were tortured inside Pallabi Police Station for around two and half hours after which Jonny lost consciousness. He was taken to a local clinic, where he died of his injuries.

Since then Rocky has been fighting a legal battle to get justice for his brother.

The lower court had sentenced three ex-policemen of the capital's Pallabi Police Station to life imprisonment and directed them to pay Tk 2 lakh each to the complainant as compensation on September 9 last year.

The discussants at BLAST said that the accused sub-inspector Zahidur Rahman and assistant sub-inspector Rashedul Hasan filed appeals with the High Court last year.

In addition to staying the verdict of life imprisonment, the HC stayed the realisation of the fine as well as withdrawal of the compensation, said SM Rezaul Karim, the legal advisor of BLAST, speaking at the event yesterday.

Barrister Sharmin Akhter of BLAST said, "Rocky is financially crippled. The verdict is given but they won't get the money now. We are thinking of creating a state fund for families of custodial torture. The state has a liability. We will file a writ petition on behalf of Rocky for them to get the compensation."

Rights activist Nur Khan Liton said, "The amount of support needed by the victim is a lot. They need to know that even if the fight goes on for a long time, they will be able to pull through."

Rocky who was present at the meeting spoke about how he is still getting harassed in the neighbourhood.

"Very recently, the space in front of my car workshop was occupied. I used to park the cars that needed fixing there. I was born and grew up in the camp but I have no deeds to prove my name."

Justice Nizamul Haque Nasim spoke about how even complainants refuse to give their statements before the court in cases against law enforcers.

Advocate Badiuzzaman Tafadar pointed out that the law does not include any protection for the complainants and witnesses after the case is finished.