Feni’s Nusrat murder case: 2 death sentences upheld, 4 commuted to life, 10 acquitted
The High Court has upheld the death sentences of two convicts in the sensational murder case of madrasah student Nusrat Jahan Rafi in Sonagazi, Feni.
Of the 16 convicts sentenced to death by the trial court, the sentences of four others have been commuted to life imprisonment, while the remaining 10 have been acquitted.
A High Court bench comprising Justice Bhishmadev Chakraborty and Justice KM Rasheduzzaman Raja delivered the verdict today, Monday, after hearing the death reference (approval of the death sentences), appeals and jail appeals in the case.
The two convicts whose death sentences have been upheld are Siraj Ud Doula, then principal of Sonagazi Islamia Fazil (Degree) Madrasah, and Shahadat Hossain Shamim.
The four convicts sentenced to life imprisonment are Nur Uddin, Javed Hossain alias Sakhawat Hossain, Saifur Rahman Mohammad Zubayer and Umme Sultana alias Popy.
The 10 acquitted are Kamrun Nahar Moni, Hafez Abdul Kader, Mahiyuddin Shakil, Imran Hossain alias Mamun, Abdur Rahim Sharif, Mohammad Shamim, Iftekhar Uddin Rana, Ruhul Amin, then president of Sonagazi upazila Awami League and former vice-president of the madrasah, Absar Uddin, and Maksud Alam alias Moksud Councillor, then councillor and former general secretary of Sonagazi municipality Awami League.
The Feni Women and Children Repression Prevention Tribunal delivered its verdict in the case on 24 October 2019. It sentenced all 16 accused, including the madrasah’s suspended principal Siraj Ud Doula, to death.
The High Court began hearing the death reference (approval of the death sentences), appeals and jail appeals in the case on 28 July. After concluding the hearing on 20 August, the court fixed 24 August for the verdict. The hearing began at around 10:30 am today and the verdict was completed at around 1:00 pm.
Attorney General Md Ruhul Quddus Kajal, Deputy Attorneys General Syed Ejaz Kabir and Mohammad Imam Hossain Tareq, along with Assistant Attorney General Mahbuba Tasnim Ankhi appeared for the state. Senior lawyers Mansurul Haque Chowdhury, SM Shahjahan, Mohammad Shishir Monir and lawyer Khandaker Mushfiq-ul Huda, SM Masud Hossain Dolon and others appeared for the accused.
‘Withdrawal of criminal judicial powers’
Following the verdict, Attorney General Md Ruhul Quddus Kazal briefed reporters at his office. He said the High Court had made an important observation about the trial court’s verdict.
According to the Attorney General, the High Court said that sentencing all 16 people to death in a single murder case amounted to a “mindless sentence”. In other words, the trial judge, Mamunur Rashid, had failed to exercise the judicial mind required in carrying out his responsibilities. He failed to consider who should receive what punishment and the extent of each person’s involvement in the incident.
In light of the court’s observation, the Attorney General said the High Court had instructed the Ministry of Law to immediately remove Judge Mamunur Rashid from exercising criminal trial and sentencing powers.
According to case documents, on 27 March 2019, then principal Siraj Ud Doula called Nusrat to his office at Sonagazi Islamia Fazil (Degree) Madrasah and sexually harassed her. He was arrested after a case was filed over the incident.
When Nusrat refused to withdraw the case, she was called to the madrasah’s rooftop on 6 April, where her hands and feet were tied, kerosene was poured over her and she was set on fire. She died on 10 April that year while undergoing treatment at the burn unit of Dhaka Medical College Hospital.
Nusrat’s elder brother Mahmudul Hasan (Noman) filed a case with Sonagazi police station over the arson attack. The case was later converted into a murder case.
After the trial court’s verdict in the Nusrat murder case, the case documents, along with the verdict, reached the relevant High Court section on 29 October 2019 for the death reference. It was registered as Death Reference No. 140/19.
A paper book was prepared on a priority basis for the death reference as the case was considered sensational. The accused also filed separate appeals and jail appeals. Following a joint hearing of all these matters, the High Court delivered its verdict today.