Judge's Judicial Power Revoked
Nusrat Murder: 10 of 16 accused acquitted – Here's why
Nusrat Jahan Rafi, the slain madrasa student of Feni — Collected photo.
In the high-profile Nusrat Jahan Rafi murder case of Feni, the Death Reference and Appeal verdict has upheld the death penalty for two accused while trimming the sentences of four others. Ten accused have been acquitted of the charge.
Lawyer for the accused, Shishir Monir, said that the prosecution failed to present evidence or proof of direct involvement in the murder or active participation in a criminal conspiracy against those 10 individuals, which led to their acquittal.
The lower court had sentenced all 16 accused to death. In the appeal verdict, the death penalty has been upheld for Siraj Ud Daula, the then-principal of Sonagazi Islamia Madrasa, and madrasa student Shahadat Hossain Shamim.
The four individuals who received life sentences are: madrasa students Nur Uddin, Saifur Rahman Mohammad Zobayer, Umme Sultana Papi alias Tuhin, and Jabed Hossain alias Sakhawat Hossain Jabed.
Those acquitted by the High Court are: Ruhul Amin, former president of Sonagazi Upazila Awami League; Maksudul Alam, councilor of Sonagazi Municipality; madrasa teacher Hafez Abdul Kader; lecturer Afsar Uddin; Kamrun Nahar Moni; Abdur Rahim Sharif; Ifthekhar Uddin Rana; Imran Hossain Mamun; Mohammad Shamim; and Mohi Uddin Shakil.
Regarding the acquittal of the 10 accused in this notable case, defense lawyer Shishir Monir cited a lack of evidence and inconsistencies.
In his briefing to the journalists after the verdict, he said, "The lower court indiscriminately sentenced all 16 accused to death. However, the prosecution could not present any evidence or proof of their involvement in the murder."
"There is no proof of how the victim went up to the roof of the three-story Cyclone Shelter building and was set on fire. In the statement the victim gave before her death, she mentioned four women in burqas. Yet, 16 people were sentenced to death, 14 of whom were men. The two whose death sentences have been upheld today are also men," explained Advocate Shishir Monir.
Inconsistencies in Witness Statements
Shishir Monir noted that significant discrepancies and contradictions were found in the statements of various witnesses during the investigation and trial process. He said, "The chargesheet claimed that accused Kamrun Nahar Moni brought the burqas. The shopkeeper from where the burqas were supposedly bought was made a witness in the case. However, he testified that he did not recognize Kamrun Nahar Moni. As a result, she was acquitted."
Investigation Flaws and Legal Weaknesses
In its observations today, the High Court noted that several important legal aspects of the investigation were overlooked during the lower court's trial. Due to the hasty or flawed investigation, many individuals were included in the list of accused without specific evidence.
Regarding this matter, another lawyer for the defense, Advocate Tajul Islam, said, "In the country's criminal trial system, the confessional statements recorded under Section 164 pose a major obstacle to justice. Our judicial system must move away from the tendency to hand down sentences based on such confessions. Today's High Court verdict also highlighted this issue."
Media Trial
Advocate Tajul also claimed that the trial proceedings in the lower court were influenced by a media trial in this high-profile case. He said, "Excessive media coverage created pressure on the lower court judges. Recently, we have observed that death sentences are being handed down extensively in some cases. Today, the High Court has shed light on the knowledge of criminal justice and sentencing among judges who deliver such verdicts. We believe there should be institutional guidelines in this regard."
Action Against the Judge
In the Nusrat murder case, Judge Mamunur Rashid of the Feni Women and Children Repression Suppression Tribunal had sentenced all 16 accused to death. Today, the High Court has ordered his removal from criminal judicial proceedings.
The order said, "The manner in which the trial court indiscriminately imposed death sentences has brought disaster upon each family." For this reason, the High Court has directed that the judge's judicial powers be revoked and that he be attached to the Ministry of Law.
