Death in Rab Custody: 2 years on, no justice for Sultana Jasmine

Justice continues to evade the family of Sultana Jasmine, a 41-year-old land office employee from Naogaon, who died in the custody of Rapid Action Battalion (Rab) over two years ago.

No criminal case has been filed over her death, and a High Court rule questioning the legality of Jasmine's detention by Rab remains unresolved.

The delay in settling the legality of the detention stems from the reconstitution of the hearing jurisdiction of the HC bench that issued the rule, followed by the refusal of two other benches to proceed with the hearing.

Jasmine was picked up and detained by Rab on March 22, 2023, and died two days later at Rajshahi Medical College Hospital while still in Rab's custody. Rab officials told doctors she had sustained injuries from a fall.

However, her son, Shahed Hossain Saikat, a student at Chittagong University, rejected the claim, saying his mother was healthy before her detention and had a visible head injury. "She died due to torture in Rab custody," he alleged.

Jasmine had no criminal cases against her at the time of her detention. However, she was sued under the controversial Digital Security Act a day after being picked up allegedly for "siphoning off money from job seekers through a Facebook account".

On April 5, 2023, following a petition filed by Supreme Court lawyer Manoj Kumar Bhowmick, the HC bench of Justice Farah Mahbub, who is now elevated to the Appellate Division, and Justice Muhammad Mahbub Ul Islam issued a rule.

The court asked the authorities concerned to explain why Jasmine's detention without any prior case should not be declared illegal.

The HC also asked them to show causes as to why they should not be directed to take action against the Rab members who had detained her. It also directed the cabinet secretary to form a high-powered probe committee.

Rab's then director general M Khurshid Hossain told the parliamentary standing committee on April 5, 2023, that Jasmine's "murder" had "tarnished the image of the country, Rab, and the government," acknowledging the involvement of the local Rab camp.

The government's probe body submitted its report on August 17, 2023, to the HC led by Justice Farah Mahbub. The same bench on October 15 found the report vague and unsatisfactory.

The court scheduled a hearing on the rule for November 29, 2023.

However, as jurisdiction of the bench has been reconstituted by the then chief justice Obaidul Hassan as a "routine work", and the HC is yet to hold a hearing and deliver its verdict, said petitioner Manoj.

"I mentioned the rule before two other High Court benches, but they declined to hear it, saying they are junior to Justice Mahbub," said Manoj. He said he plans to bring the matter before another bench.

Contacted, Md Nazmul Haque Mantu, maternal uncle of Jasmine, said over the phone that no one was held accountable and put on trial over Jasmine's death in Rab's custody.

He said Jasmine had no charges against her before she was picked up.

"I didn't file any case over her custodial death because the High Court had already issued a rule," he said.