Arya News - The ruling also acquitted 10 others and criticised the trial court’s blanket sentencing of all 16 accused.
DHAKA – The High Court today confirmed the death sentences of two of the 16 convicts — then principal of Sonagazi Islamia Fazil Madrasa SM Siraj-Ud-Dowlah and his close aide Shahadat Hossain Shamim — in the murder case of madrasa student Nusrat Jahan Rafi.
The High Court, however, commuted the death sentences of four convicts to life imprisonment and acquitted 10 others, who had also been sentenced to death by the trial court, of the charges in the case.
It also directed the law ministry to withdraw the criminal judicial powers of then trial court judge Mamun Ur Rashid for handing down death sentences to all 16 accused in a “mindless and unreasonable manner”.
The HC observed that the “mindless” death sentences had had a devastating effect on the families of the innocent accused in the case.
The bench of Justice Bhishmadev Chakrabortty and Justice KM Rasheduzzaman Raja delivered the verdict on the death reference and appeals filed by the convicted accused against the trial court verdict.
The four convicts whose death sentences were commuted to life imprisonment are Umme Sultana Popy, Nur Uddin, Shakwat Hossain Jabed and Saifur Rahman Muhammad Zubair.
All 16 convicts are currently in jail, defence lawyers said.
The 10 accused acquitted of the charges are Mohammad Shamim, Ruhul Amin, Afar Uddin, Maksud Counsillor, Hafez Abdul Kader, Abdur Rahim Sharif, Iftekhar Hossain Rana, Imran Hossain Mamun, Mohiuddin Sakil and Kamrunnahar Moni, defence lawyers Advocate Mohammad Shishir Manir and Jaiad Bin Amjad told The Daily Star.
Siraj-Ud-Dowlah’s lawyer, Barrister SM Masud Hossain Dolon, and Shahadat Hossain Shamim’s lawyer, SM Shah Jahan, said they would move appeals before the Appellate Division of the Supreme Court challenging the High Court verdict confirming their clients’ death sentences if their families instructed them to do so.
The details of the High Court verdict will be known after its full text is released.
The bench on August 20 fixed today, August 24, for delivering the judgment after holding hearings for 17 working days on the death reference and appeals filed by the convicted accused against the trial court verdict.
During the hearing, the defence lawyers prayed to the HC to acquit the accused appellants, saying that relevant evidence and documents had proved that Nusrat Jahan had committed suicide and was not killed.
The appellants were not involved in the alleged conspiracy that provoked her to commit suicide, they argued.
Meanwhile, the state counsels prayed to the HC to deliver justice based on the documents, evidence and statements of witnesses.
A number of lawyers, including senior Advocates Md Munsurul Hoque Chowdhury, SM Shah Jahan, SM Masud Hossain Dolon and Mohammad Shishir Manir, and Advocates Khandaker Mohammad Musfiqul Huda and Jaiad Bin Amjad, argued for the accused appellants.
Attorney General Md Ruhul Quddus Kajal, Deputy Attorney Syed Ejaz Kabir and Assistant Attorney General Mahbuba Tasnim Akhi represented the state during the hearing.
Nusrat, a 19-year-old student of Sonagazi Islamia Fazil Madrasa in Feni, was allegedly sexually harassed by then madrasa principal SM Siraj-Ud-Dowlah on March 27, 2019. Her mother filed a case against Siraj, who was later arrested and sent to jail.
Nusrat was later set on fire on the madrasa roof on April 6, 2019, after she refused to withdraw the case. She died from her injuries four days later, on April 10, sparking nationwide outrage.
Citing the High Court observations, Advocate Shishir Manir said Siraj-Ud-Dowlah, while in jail in connection with the sexual harassment case, conspired with the other convicted accused to murder Nusrat.
“The sexual harassment incident was the starting point of the circumstances that ultimately led to the murder. Siraj-Ud-Dowlah was directly involved in the conspiracy, as was evident from the confessional statements of the other accused,” he said.
Shahadat Hossain Shamim had earlier proposed to Nusrat Jahan, but she rejected his proposal, which led to resentment against her, Shishir Manir said.
After Siraj-Ud-Dowlah was arrested, Shamim became the convener of the “Principal Release Committee” and conspired with Siraj-Ud-Dowlah while he was in jail, making the necessary arrangements for the murder, he said.
“This was clearly evident from the confessional statements of Shahadat Hossain Shamim and the other co-accused in the case,” he added.
All four accused whose death sentences were commuted to life imprisonment confessed to their involvement in the crime in their respective confessional statements. Their confessions were corroborated by the confessional statements of their co-accused and by circumstantial witnesses, he said.
A Feni court on October 24, 2019, handed down death sentences to all 16 accused, including Siraj and two expelled local Awami League leaders, in the case filed over Nusrat’s killing.
The case records reached the HC five days later, on October 29, 2019, as a mandatory death reference for confirmation of the death sentences.
The convicts subsequently filed separate appeals with the HC challenging the lower court verdict and sought acquittal of the charges brought against them.
Nearly seven years later, the HC bench led by Justice Bhishmadev Chakrabortty began hearing the death reference and appeals on July 28.
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