In a landmark verdict, the HC bench upheld the death penalty for only two convicts, commuted four sentences to life imprisonment, and acquitted ten others due to a lack of evidence.
Court Reporter : The High Court on Monday termed the lower court’s decision to sentence all 16 accused to death in the Nusrat Jahan Rafi murder case as “mindless” and “wholesale,” noting that the trial tribunal had completely ignored the individual degrees of involvement. In a landmark verdict, the HC bench upheld the death penalty for only two convicts, commuted four sentences to life imprisonment, and acquitted ten others due to a lack of evidence.
The High Court has described the trial court’s decision to sentence all 16 suspects to death in the murder of Feni madrasa student Nusrat Jahan Rafi as “mindless”.It has also ordered the law ministry to withdraw the criminal judicial powers of Mamunur Rashid, who delivered the verdict as judge of Feni’s Women and Children Repression Prevention Tribunal.
Rashid, now a senior district judge-equivalent officer, serves as chairman of the Minimum Wage Board.The bench of Justice Bhishmadev Chakrabortty and Justice KM Rasheduzzaman Raja delivered the ruling on Monday after 17 days of hearings on the death reference, appeals and jail appeals.
The trial court had sentenced all 16 suspects to death on Oct 24, 2019, along with a Tk 100,000 fine each.The High Court has upheld two death sentences, commuted four to life imprisonment and acquitted the remaining 10.
Attorney General Ruhul Quddus Kazal said the High Court found Rashid had failed to apply the judicial mind required when deciding punishment.He stressed the observation applies specifically to Rashid and not judges generally.Kajal said he hoped the law ministry would consider the matter.
He also said judges must remain fearless and decide cases solely on evidence presented in court, without being influenced by outside statements or how issues are portrayed.Nusrat, then an Alim examinee, had accused madrasa principal Siraj-ud-Daula of sexual harassment. After her mother filed a case, police arrested Siraj on Mar 27, 2019.
On Apr 6, Nusrat was lured to the roof of a cyclone shelter, doused with kerosene and set ablaze before an exam. She died at a Dhaka burn unit on Apr 10 after five days of agony.Her brother filed a murder-attempt case naming eight people. After her death, it became a murder case, triggering nationwide protests demanding justice.
