The High Court on Monday upheld the life sentence of then sub-inspector Zahidur Rahman Khan in the case over unlawful arrest, torture, and death of Ishtiaque Ahmed Jony, an Urdu-speaking youth, who died in police custody at the Pallabi police station in 2014.
The court cut the sentence of then-assistant聽 sub-inspector Rashedul Hasan, who was stationed at the Pallabi police station, from life imprisonment to 10-year jail term. He was convicted of assisting his superior officer Zahidul in the brutal torture of Jony by holding down Jony鈥檚 hands and legs during the torture.
The court noted that though Rashedul was a junior officer he was not bound to obey an unlawful order. It also observed that every member of a disciplined force is legally required to report any illegal actions by colleagues to higher authorities.
The court acquitted police informer Russel, who had been jailed for seven years earlier by the trial court, as there was no evidence that he was present when Jony was tortured. A police source is a member of the public, who is paid some money for providing information to the police.
The bench of Justice SM Kuddus Zaman and Justice AKM Rabiul Hassan announced the verdict for two days after hearing the appeals filed by three convicted individuals out of the five against a lower court judgment delivered in 2020.
The court, however, did not give any decision regarding the absconding life-sentence convict assistant sub-inspector Kamruzzaman Mintu.
Deputy attorney general Bodiuzzaman Tapadar told 抖阴精品 that Kamruzzaman鈥檚 sentence would remain in force as he was yet to surrender or be arrested in connection with the case.
Another police informer Sumon, who was earlier sentenced to seven-year imprisonment, was released from the jail after completion of his seven-year jail term in the case.
The court also ordered convict Zahidul Islam to pay Tk 50,000 and Rashedul Hasan to pay Tk 25,000 as compensation to victim Jony鈥檚 family. Jony is survived by his widow mother, widow wife, and two minor children.
The court noted that Jony鈥檚 family could file a separate compensation claim against the police and the government over his custodial death.
It observed that Jony was unlawfully arrested and then illegally detained in a room at the Pallabi police station instead of an official lock-up, and subjected him to brutal torture. The police later filed a false case to cover up their actions.
The court reminded that any arrested person must be kept in a lock-up and can only be interrogated following a magistrate鈥檚 permission.
The police department not only fails to act against abusive officers, but often files false cases to protect them, the court also remarked.
This is the first-ever verdict by the High Court under the Torture and Custodial Death (Prevention) Act, 2013.
The law was enacted to prevent custodial torture and hold law enforcement accountable for abuses in state custody.
The 2020 verdict by the Dhaka Metropolitan Sessions Judge鈥檚 Court sentencing three police officers and two of their sources for varying terms of sentence was also the first trial court judgment under this law.
According to a judicial probe report, a first-ever such report on custodial torture and death, Jony was arrested on February 9, 2014 during a pre-wedding celebration at Irani Camp at Pallabi.
He was a human-hauler driver. He was picked up along with his brother Imtiaz Hossain Raki and three others.
The arrests followed an altercation in which Jony allegedly slapped police informer Sumon for harassing female dancers at the event. Sumon and his associates then called the police.
A police team, led by SI Zahidur, conducted the raid and arrested the five men. Jony died later that day in the police custody.
On September 9, 2020, the lower court delivered the verdict.
On the other hand, the Pallabi police station diary reported that the five men were picked up for 鈥榮uspicious movement鈥� near the Defence Officers Housing Society ai Mirpur.
The police forwarding report to the magistrate鈥檚 court later claimed they had been arrested for 鈥榙isrupting public safety鈥� in the Mirpur bus stand area, highlighting contradictions in the official narrative of the police.
A judicial probe, ordered by the court of Dhaka Metropolitan Sessions Judge in response to a first such complaint, filed by Raki in August 2015, under Torture and Custodial Death (Prevention) Act, 2013, found that the arrests, torture, and custodial death of Jony were orchestrated by the three police officers and two informers.
The complaint had also named the then Pallabi police station officer-in-charge Ziaur Rahman and two other informers, but they were not indicted in the final ruling.
The judicial probe further confirmed that the detainees, including Jony, were taken to Mirpur Adhunik Hospital for 鈥榩rimary treatment鈥� before being brought to the police station.
CCTV footage from the hospital showed a white microbus arriving at the emergency gate carrying Jony, Raki, and two others -- Sharif Ahmed Titu and Faisal.
The Bangladesh Legal Aid and Services Trust provided free legal aid to complainant Raki.
Senior lawyers ZI Khan Panna, Rezaul Karim, and Shahinuzzaman appeared for the BLAST, SM Shajahan defended convict Zahidul while Abbur Razzak represented Rashedul and Russel.
