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The High Court has upheld the death sentences of two convicts in the widely discussed Nusrat Jahan Rafi murder case in Sonagazi, Feni, while commuting the death sentences of the other 14 accused.
Four convicts have been sentenced to life imprisonment and 10 others acquitted.
The Supreme Court has also directed that the judicial powers of the trial court judge be withdrawn for handing down death sentences to all 16 accused indiscriminately. The judge has been ordered to be attached to the Law Ministry.
A High Court bench comprising Justice Bhishmadev Chakraborty and Justice KM Rasheduzzaman Raja delivered the verdict on Monday (August 24). The verdict was read out by junior judge Justice KM Rasheduzzaman Raja and took around two hours and 15 minutes.
The two convicts whose death sentences were upheld are former madrasa principal Siraj Ud Doula and Shahadat Hossain Shamim.
The four convicts sentenced to life imprisonment are Umme Sultana Popy, Mohammad Nuruddin, Shahadat Hossain Javed and Iftekhar Hossain Rana.
The 10 acquitted convicts are Mohammad Shamim, Ruhul Amin, Afsar Uddin, Maksud Councillor, Hafiz Abdul Kader, Abdur Rahim Sharif, Imran Hossain Mamun, Mahiuddin Shakil, Kamrunnahar Moni and Saifur Rahman Mohammad Zobayer.
In its verdict, the court said the trial court’s indiscriminate imposition of death sentences had a “devastating effect” on the families of the accused. It therefore directed that the judge’s judicial powers be withdrawn and that he be attached to the Law Ministry.
Senior lawyers Mansurul Haque Chowdhury, Advocate SM Shahjahan, Advocate Tajul Islam, Barrister SM Masud Hossain Dolon and Advocate Mohammad Shishir represented the accused.
Attorney General Barrister Ruhul Quddus Kazal and Deputy Attorney General Syed Ejaz Kabir represented the state.
Relatives of the accused and the victim were present in the courtroom when the verdict was delivered.
The High Court concluded hearings on the death references, appeals and jail appeals in the Nusrat murder case on August 20.
Earlier, the High Court had begun hearing the death references, appeals and jail appeals. The state began its submissions by presenting the case records in the paperbook.
The Chief Justice constituted a special High Court bench on June 10 to give priority to death references, appeals and other matters related to cases under the Women and Children Repression Prevention Act. The bench began hearing cases on June 14.
According to case documents, on March 27, 2019, Siraj Ud Doula, then principal of Sonagazi Islamia Fazil (Degree) Madrasa, called Nusrat to his office and sexually harassed her. He was subsequently arrested after a case was filed.
On April 6, Nusrat was taken to the madrasa rooftop after refusing to withdraw the case. The attackers tied her hands and feet, poured kerosene over her and set her on fire.
Nusrat died on April 10 while undergoing treatment at the burn unit of Dhaka Medical College Hospital. Her elder brother, Mahmudul Hasan Noman, filed a case with Sonagazi Police Station over the attack, which was later converted into a murder case.
The Feni Women and Children Repression Prevention Tribunal delivered its verdict on October 24, 2019, sentencing all 16 accused, including suspended madrasa principal Siraj Ud Doula, to death.
The 16 death-row convicts were Siraj Ud Doula, then Sonagazi upazila Awami League president Ruhul Amin, Sonagazi Municipality councillor Maksudul Alam, madrasa teacher Hafiz Abdul Kader, lecturer Afsar Uddin, madrasa students Nuruddin, Shahadat Hossain Shamim, Saifur Rahman Mohammad Zobayer, Javed Hossain alias Sakhawat Hossain Javed, Kamrunnahar Moni, Umme Sultana Popy alias Tuhin, Abdur Rahim Sharif, Iftekhar Uddin Rana, Imran Hossain Mamun, Mohammad Shamim and Mahi Uddin Shakil.
The case records, including the tribunal’s verdict, reached the relevant High Court section on October 29, 2019, for the death reference and were registered as Death Reference No. 140/2019.
A paperbook was prepared on a priority basis considering the case’s sensational nature. The convicts also filed separate appeals and jail appeals.
