A petition case being has been filed on March 21, 2012 against nine (9) police and prison officials including Jail Superintendent & Jailor of Naogaon district jail as well as former Officer in Charge (OC) and present second officer of Badalgachhi police Station under Naogaon district with the Judicial Magistrate Court, Naogaon under section 161/ 164/323/324/304 (KA) 34/506 alleging to take bribe, torture in custody and death due to negligence. The case has been filed by Mrs. Afroza Begum, wife of the victim Abdul Bari Dulu of village South Kanda (Mistripara) in Badalgachhi Police Station under Naogaon district with direct support of the human rights organization JusticeMakers Bangladesh.
The accused were identified as Anwaruzzaman, Jail Superintendent; Faruk Ahmed, Jailer of Naogoan district jail; Mahfuzul Haque, former Officer in Charge (OC) of Badalgachhi Police Station; District Jail Pharmacist Jahed Nurul Islam; Rafiqul Islam, Sub Inspector; Touhidul Alam, Sub Inspector; Karibul Hasan, Sub Inspector; Rabiul Islam, Assistant sub Inspector and Abdul Razzak, constable of Badalgachhi police station under naogaon district.
The learned No-5 Naogaon Judicial Magistrate Court of Cognizance registered the case being number C.R 34(Badal)/2012. Later, the learned Judicial Magistrate of Mr. Abu Based Mohammad Bulu Miah recorded the statement of the complainant Mrs. Afroza Begum, wife of the victim and pleased to pass an order to submit the report about whether any unnatural death (UD) case had been registered or not previously to the Sodar police station of Naogaon district regarding the death of the victim by May 13, 2012.
According to complaint, the victim Abdul Barik Dulu and the wife of the victim as well as the complainant of this case Mrs. Afroza Begum had gradually been compelled to give a lot of bribe to the police officer of Badalgachhi police station for not arresting the victim as well as not attaching the goods of their home in connection of an order passed by the Chief Metropolitan Magistrate Court connecting a fraud case filed with the Shahbag police station in Dhaka Metropolitan Police. Continuance of it, Mr. Rabiul Islam, Sub Inspector of Badalgachhi police station demanded 20,000/= BDT for not arresting the victim on December 16, 2011 as well as not attaching the goods of their house. Furthermore, he demanded more 50,000/= Taka for not arresting the victim ad also not attaching the goods of their home by next two months. According to his demand the complainant provided BDT 5000/- to the accused sub inspector through Mr. Abdul Jalil, Member of Mithapur Union Parishad on December 18, 2011 and also promised to give more 20,000/=BDT by December 28, 2011.
Meanwhile, Touhidul Alam, sub inspector of Badalgachhi police station arrested the victim on December 20, 2011 morning and tortured in Badalgachhi police station using electric shock, kicking with boot, slapping, beating with baton on toe for whole night. Later, the victim was laid down at floor of the police custody while his physical condition was deteriorated feeding oral saline.
Getting news of the deteriorating condition of the victim on December 21, 2011 morning, the wife of the victim went to the police station where Karibul Hasan, sub inspector of the said police station asked her to give BDT 20,0000/= for the proper treatment of the victim. But the wife of the victim failed to meet up his demand due to unavailability of demeaned money. Then two police constables took the victim to the out door of Badlagachhi Upazila Health Complex and moved forward to Naogaon district Magitrate Court after primarity treatment. Then, the victim was handed over the court police of Naogaon district Judicial Magistrate court where the victim was laid down on the bench in to the court custody.
There after the victim was appeared to the Judicial Magistrate of Naogaon district with the help of court police and the learned magistrate pleased to pass an order to send him to jail custody with proper treatment on December 21, 2011. But the authority of Naogaon district jail failed to give adequate treatment of the victim providing eye washing treatment by a jail pharmacist. On night of the same date the physical condition of the victim was deteriorated, but the jail authority did not take any initiative to admit him immediately to a hospital with adequate medical facilities out side of the jailon that night, rather he was admitted to Naogaon general hospital on the following day December 22. 2011 morning, kept in bar fetters (danda beri) and hand cuff fastened with bed by thick rope with unhygienic environment.
Being informed about the deteriorating condition of the victim, the wife of the victim rushed the hospital around at noon and tried to be touch of the unconscious victim for clearing his cloth that was dirty with stool and urine left by the victim. But the jail police did not allow her to be touch with the victim, rather gave advice to bring permission from the jail authority. Finally around at 7.15 pm the victim was dead due to negligence of treatment and some unknown person came and open the bar fetters (danda beri) and hand cuff and escaped immediately.
A high level fact finding mission of Justice makers Bangladesh comprising three members, led by Advocate Shahanur Islam, founding secretary general of JusticeMakers Bangladesh had been conducted regarding the incident of this gross violation of human rights visiting the spot, taking statement of the witness, alleged perpetrators and concerned authorities. During the fact finding investigation, the Second officer of Badalgachhi police station confessed about taking bribe from the victim and proudly announced that they were entitled to take illegal money from accused person for the cost of fuel, tea and cigarette and also threatened to Mr. Shahanur Islam, chief of the fact finding team not to move forward about that matter in future. Furthermore, he made alert to Mr. Islam stating if Mr. Islam would not stop his activities connecting the incident gross violation, he would face more problems in future.
As Mrs. Afroza Begum, wife of the victim was a poor man with no ability to bear cost regarding legal battle to get justice bringing the perpetrators before the book, she sued the case with the direct assistant of human rights organization JusticeMakers Bangladesh.
Advocate Shahanur Islam, founding secretary general of JusticeMakers Bangladesh and Advocate Ashik Al Imran Hillol moved the case on behalf the complainant.
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