Pallabi custodial death: HC upholds life terms of 2 cops, reduces sentence for another

The High Court has upheld the life imprisonment of then sub-inspector (SI) Zahidur Rahman and then assistant sub-inspector (ASI) Kamruzzaman of Pallabi Police Station in a case over the custodial torture and killing of one Ishtiaq Hossain Jony.

The court, however, commuted the life sentence of another accused, then ASI Rashedul Hasan, to 10 years in prison.

The verdict was delivered today (11 August) by the High Court bench of Justice SM Kuddus Zaman and Justice AKM Rabiul Hasan.

On 8 February 2014, a 'gaye holud' (pre-wedding) ceremony was being held at the house of Mohammad Billal in the Irani Camp area of Pallabi's Section 11, Block B. Police informant Suman allegedly behaved inappropriately with some women at the event.

When Ishtiaq, a driver by profession, and his brother Imtiaz asked him to leave, an argument broke out. Suman then called the police, who arrived and detained both brothers.

The brothers were taken to the police station and tortured by the policemen. After Ishtiaq's condition deteriorated, he was taken to Dhaka Medical College Hospital, where doctors declared him dead.

On 7 August the same year, Imtiaz filed a case over the incident, accusing Zahidur and seven others. This became the first case filed under the Torture and Custodial Death (Prevention) Act, enacted in 2013.

Following an investigation ordered by the court, the probe report was submitted on 17 February 2015, accusing five people and recommending that five others be acquitted. During the investigation, Rashedul and Kamruzzaman were included as accused.

On 17 April 2016, the Dhaka Metropolitan Sessions Judge's Court framed charges against five accused. On 9 September 2020, the trial court convicted Zahidur, Rashedul, and Kamruzzaman, sentencing each to life imprisonment and a fine of Tk100,000, along with compensation of Tk200,000 each to the victim's family.

Police informants Suman and Russell were each sentenced to seven years in prison and fined Tk20,000.

Kamruzzaman has been absconding since the case was filed, while Suman has already served his sentence and been released.

In 2020, convicts Zahidur, Rashedul, and Russell filed separate appeals with the High Court challenging the trial court verdict. The High Court accepted the appeals in 2021. Hearings began on 9 July this year, and after conclusion on 7 August, the verdict was announced today.