The High Court has held that visible injury marks are not necessary to prove torture under the Torture and Custodial Death (Prevention) Act, 2013, as causing physical or mental pain alone constitutes the offence.
The bench of Justice SM Kuddus Zaman and Justice AKM Rabiul Hassan made the observation in the 70-page written verdict in the 2014 custodial death of Urdu-speaking youth Ishtiaque Ahmed Jony at Pallabi police station.
The written judgement was uploaded to the Supreme Court website on November 20, following the short verdict delivered on August 11.
The High Court said that the physical and psychological pressure triggered a fatal cardiac arrest, describing Jony鈥檚 death as a 鈥榤urder by heart attack.鈥�
A judicial probe鈥攖he first of its kind on custodial torture and death鈥攆ound that Jony, a human-hauler driver, was arrested during a pre-wedding celebration at Irani Camp on February 9, 2014, along with his brother Rocky and three others.
Jony鈥檚 brother Imtiaz Hossain Rocky, who was also a victim of the torture,聽 filed the complaint with the Dhaka Metropolitan Sessions Judge鈥檚 court.
The Dhaka Metropolitan Sessions Judge鈥檚 Court, in 2020, sentenced three police officers聽of Pallabi police station, sub-inspector Zahidur Rahman, assistant sub-inspectors Rashedul Islam and Qamruzzaman Mintu, to life term imprisonment and two of their sources, 聽Sumon and Russel, to seven years鈥� imprisonment.
The three policemen were also fined Tk聽1聽lakh each and the two police sources were fined Tk 20,000 each. Besides, the court asked the three police officers to pay Tk 2 lakh each to the complainant as compensation This was the first trial court judgment under this law.
The High Court, in its verdict, upheld the trial court鈥檚 2020 conviction of sub-inspector Zahidur Rahman under Section 15(2), sentencing him to life term imprisonment with fines and compensation.
It reduced the conviction of police officer Rashidul Hasan to 10 years鈥� rigorous imprisonment, a Tk 50,000 fine and Tk 25,000 compensation.
The court, however, did not give any decision regarding the absconding life-sentence convict assistant sub-inspector Kamruzzaman Mintu.
It acquitted Rasel, a police source, noting that he was not part of any disciplined force and only relayed information to the police.
Police source Sumon, who had also received a seven-year sentence, was freed from jail after completing his term.
The court found that Rashidul鈥檚 act of pressing Jony鈥檚 hands with his leg constituted torture even if it did not cause grievous injury or death.
It expressed grave concern that Jony, a 25-year-old, was unlawfully arrested, detained and tortured to death in front of civilians and police while the officers involved escaped internal accountability.
The court said that an internal police inquiry revealed a complete collapse of supervision and command, with a 22鈥�30 member team led by SI Zahidur conducting indiscriminate raids, baton charges and shootings, and later filing a false case claiming Jony died in a clash between two groups.
It noted that the law shields the government and law enforcement agencies from liability for torture by rogue officers, leaving Jony鈥檚 widow, children and elderly mother without adequate remedy.
The High Court said that Jony was picked up in the early hours, taken to the first floor of the police station and tortured so severely that he needed hospitalisation.
After returning from the hospital, he and Rocky were tortured again, deprived of water and denied medical care, causing extreme physical pain and mental trauma.
The Bangladesh Legal Aid and Services Trust provided free legal aid to the complainant, Rocky.