11 years without justice

My son was tortured to death by the law enforcers of Pallabi Police Station. Today (February 9) is his 11th death anniversary. I don't know whether I will be able get justice.

— Khurshida Begum Jonny's mother

Final justice is yet to be delivered to the family members of Ishtiaque Hossain Jonny, a garment-waste trader in the capital's Mirpur area, who was tortured to death in law enforcers' custody 11 years ago.

Jonny's family members, who have been suffering emotionally and financially, are now awaiting the High Court's adjudication of the appeals filed by the convicts challenging the trial court judgement.

"My son was tortured to death by the law enforcers of Pallabi Police Station. February 9 is his 11th death anniversary. I don't know whether I will be able get justice. The accused parties are trying to harm us in various ways," alleged Jonny's mother Khurshida Begum.

It is still uncertain when the HC will conclude hearing of the appeals of convicts and deliver its verdict, as jurisdiction of its bench concerned has been reconstituted by the chief justice around six months ago.

Since then the hearing remains adjourned.

Jonny's family members are yet to get any compensation from the convicted accused though the trial court directed them to give Tk 6 lakh to Jonny's family as the HC has issued a stay order to this effect, said Advocate Md Rezaul Karim, the victim family's lawyer.

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

Police informers Sumon and Russell called the law enforcers after Jonny slapped Sumon for stalking and harassing women at the programme. Police then tortured the brothers at the police station, according to the case statement.

After Jonny fell sick the next day, he was admitted to a local clinic. Later, he was transferred to Suhrawardy Hospital, where doctors declared him dead.

On August 8, 2014, Rocky filed the murder case with the Metropolitan Sessions Judge's Court of Dhaka.

On September 9, 2020, a Dhaka court sentenced former SI Zahidur and former assistant SIs Qamruzzaman Mintu and Rashedul Islam of Pallabi Police Station to life imprisonment and sentenced police informers Sumon and Russell to seven years in jail.

The court also asked each of the former 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.

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

Mintu is 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, Sumon and Russell filed appeals with the HC challenging the trial court verdict. Russell secured bail from the HC on November 22, 2022. Zahidur, Rashedul and Sumon are now in jail.

Rocky said he is yet to get any compensation from the convicts as their appeals are yet to be disposed of by the HC.

Advocate Rezaul Karim, who is conducting the case on behalf of Bangladesh Legal Aid and Services Trust, said, "The hearing jurisdiction of the High Court bench led by Justice SM Kuddus Zaman, who held hearing of the appeals for few days in July last year, has been reconstituted by the chief justice."

"We will now pray to the chief justice to allow this bench to resume hearing and deliver verdict in the case," he said.Rashedul's lawyer Md Abdur Razzak Razu claimed that all three convicted accused have deposited the compensation and fines to Bangladesh Bank while filing their appeals.