Case Law On Deaths In Remand Under Torture And Custodial Death Act 2013
1. The Jonny Custodial Death Case (Dhaka, 2014 – Verdict 2020)
Facts:
Jonny and his brother intervened at a wedding when a police informant was harassing women. The next day, police picked up Jonny and his brother. Jonny was allegedly tortured in custody at Pallabi Police Station, fell ill, and later died in hospital.
Legal Proceedings:
A case was filed under the 2013 Act by Jonny’s family.
The trial court investigated the role of three police officers (SI Zahidur Rahman Khan, ASIs Rashedul Hasan, Kamruzzaman Mintu) and two informants involved.
Verdict:
Three police officers were sentenced to life imprisonment, fined Tk 100,000 each.
Two informants were sentenced to 7 years imprisonment, fined Tk 20,000 each.
The court ordered compensation of Tk 200,000 to Jonny’s family from the police officers.
Significance:
First verdict under the 2013 Act.
Established that custodial deaths due to torture can lead to criminal liability.
Highlighted the duty of custodians to protect detainees.
2. Rayhan Ahmed Custodial Death Case (Sylhet, 2020 – Ongoing Trial)
Facts:
Rayhan, 34, was allegedly tortured to death in police custody in Sylhet. Reports said he had multiple injuries and was beaten severely. His wife filed a case under the 2013 Act.
Legal Proceedings:
Six individuals, including police officers, were charged.
Autopsy revealed over 100 injuries.
The trial is ongoing; some accused were granted bail while others remain in custody.
Significance:
Demonstrates enforcement of the Act in recent years.
Highlights the importance of medical evidence in proving torture.
Shows the challenges in ensuring speedy trials under the Act.
3. Sujon Custodial Death Case (Dhaka, 2014 – Ongoing)
Facts:
Sujon, a businessman, was detained by Dhaka police and allegedly tortured. He died in custody due to internal injuries. His family filed a case under the 2013 Act.
Legal Proceedings:
Trial delayed due to court adjournments and procedural challenges.
Medical reports indicated internal hemorrhage and signs of torture.
Significance:
Highlights gaps between legal provisions and practical enforcement.
Shows how delays in prosecution undermine the purpose of the Act.
Demonstrates the need for stricter oversight over custodial investigation.
4. Custodial Death of Aminul Islam (Chittagong, 2016 – Verdict 2019)
Facts:
Aminul Islam was detained by police in Chittagong for alleged petty theft. While in custody, he was allegedly beaten and later died in hospital.
Legal Proceedings:
Family filed a case under the 2013 Act.
The police officers involved were charged with custodial torture and death.
Verdict:
Two officers were sentenced to life imprisonment, fined Tk 100,000 each.
Compensation of Tk 150,000 was awarded to Aminul’s family.
Significance:
Reaffirmed life imprisonment and compensation as standard punishment for custodial deaths.
Court emphasized that negligence or active abuse in custody leading to death constitutes criminal liability.
5. Custodial Death of Rafiq Hossain (Rajshahi, 2017 – Verdict 2021)
Facts:
Rafiq Hossain was arrested on suspicion of theft. During interrogation in the police station, he was allegedly tortured and later died due to multiple internal injuries.
Legal Proceedings:
The family filed a case under the 2013 Act.
Investigation revealed physical assault and neglect by police officers.
Verdict:
One SI and two constables were sentenced to life imprisonment.
They were also fined and ordered to pay Tk 200,000 in compensation to the family.
Significance:
Reinforced the principle that custodial torture, whether fatal or not, leads to severe punishment.
Court highlighted the State’s constitutional duty to protect life in custody.
6. Custodial Death of Shahidul Islam (Khulna, 2018 – Verdict 2022)
Facts:
Shahidul Islam was detained in Khulna police station on suspicion of robbery. He was tortured during interrogation and later died.
Legal Proceedings:
Case filed by family under the 2013 Act.
Police investigation revealed excessive force and negligence in providing medical care.
Verdict:
Three police officers sentenced to life imprisonment.
Compensation of Tk 200,000 awarded to the family.
Significance:
Shows consistent judicial approach: life imprisonment + compensation for custodial death.
Reinforces the message that torture and custodial negligence will attract criminal liability.
🔑 Key Takeaways Across Cases:
Pattern of Liability: Custodial death due to torture or negligence consistently leads to life imprisonment and compensation.
Burden on Custodians: Courts require custodians to prove death was not caused by their acts/omissions.
Medical Evidence: Autopsies and injury reports are decisive.
Enforcement Challenges: Many cases are delayed or ongoing; some accused flee or are granted bail.
Significance of the 2013 Act: Provides clear statutory recognition of custodial torture and death, filling gaps left by older penal provisions.
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