Nusrat murder: HC upholds death penalty for 2, sentences 4 to life, acquits 10

The High Court today (24 August) upheld the death sentences of two convicts, including former principal SM Siraj ud Doula, in the 2019 murder case of Sonagazi Islamia Fazil Madrasah student Nusrat Jahan Rafi.

Commuting the death sentences of four others to life imprisonment, the court acquitted ten individuals who had previously been sentenced to death by hanging by a lower court.

In an extraordinary directive, the High Court bench of Justice Bhishmadev Chakraborty and Justice KM Rasheduzzaman Raja directed authorities to strip the trial court judge -- who originally delivered the verdict -- of his judicial powers and attach him to the Ministry of Law, Justice and Parliamentary Affairs for failing to deliver a proper judgment.

Observing the impact of the lower court's decision, the High Court noted that handing out indiscriminate death sentences without proper evaluation of evidence brought a "devastating effect" upon each affected family.

The two convicts whose death sentences were upheld are SM Siraj-ud-Doula, 57, former principal of Sonagazi Islamia Fazil Madrasah, and Shahadat Hossain Shamim, 20.

The four convicts whose capital punishment was commuted to life imprisonment are Umme Sultana Popi, Mohammad Nuruddin, Shahadat Hossain Javed, and Iftekhar Hossain Rana.

The ten individuals acquitted of all charges are Mohammad Shamim, Ruhul Amin, Afsar Uddin, Councillor Maksud, Hafez Abdul Kader, Abdur Rahim Sharif, Imran Hossain Mamun, Mohiuddin Shakil, Kamrun Nahar Moni, and Absar Uddin.

Speaking to reporters after the verdict, defense lawyer Advocate Mohammad Shishir Manir -- representing acquitted defendants Mohammad Shamim and Kamrun Nahar Moni, as well as Zubair, whose sentence was commuted to life imprisonment -- welcomed the acquittals but stated they would appeal Zubair's life sentence.

"We raised a major argument that the prosecution could not answer," Shishir Manir said.

"There was a CCTV camera at the scene of the incident six years ago, which remains there today. However, neither the prosecution nor the investigating officer seized the CCTV footage or produced it before the court. Had the footage been presented, it would have conclusively shown who was present and what transpired on the roof. Instead, it remained a mystery how Nusrat ended up on the roof of the cyclone shelter on the third floor and was set on fire without anyone hearing anything," he added.

Attorney General Md Ruhul Quddus Kazal said the High Court made a significant observation about the trial court's verdict, describing the sentencing of all 16 accused to death in a single murder case as a "mindless sentence". 

He added that the court observed that Judge Mamunur Rashid failed to exercise the judicial mind required to assess the individual roles and levels of involvement of the accused before determining their sentences.

Based on the observation, the High Court has directed the Ministry of Law, Justice and Parliamentary Affairs to immediately remove Judge Mamunur Rashid from hearing criminal cases and sentencing accused in criminal cases, he said.

The case stems from sexual harassment allegations against Siraj-ud-Doula.

Nusrat's mother, Shirin Akhter, filed a case against him on 27 March 2019, leading to his arrest.

According to prosecution documents, Siraj's followers met him in jail on 3 April 2019 and plotted Nusrat's murder at the madrasah hostel the following day.

According to the case proceedings, several of Siraj's followers subsequently attempted to build public support for securing his release from jail.

On 3 April of that year, the accused consulted Siraj in jail, and a plan to kill Nusrat was made the following day at the madrasah hostel.

On 6 April 2019, Nusrat went to the madrasah to sit for her Alim examinations, where she was lured to the roof of a cyclone shelter, doused with kerosene, and set on fire.

Nusrat was rescued from the scene and initially taken to Sonagazi Upazila Health Complex.

She was later shifted to Feni General Hospital and, as her condition deteriorated, transferred to the burn unit of Dhaka Medical College Hospital.

She succumbed to her burn injuries at Dhaka Medical College Hospital on 10 April 2019.

Nusrat's brother, Mahmudul Hasan Noman, filed a murder case on 8 April.

Police submitted the charge sheet on 28 May, and the Women and Children Repression Prevention Tribunal framed charges on 20 June.

The court subsequently recorded testimony and heard arguments before fixing 24 October for the verdict on 30 September of that year.

The trial, including the recording of testimony from 87 witnesses and arguments, was completed in just 61 working days.

On 24 October that year, Judge Mamunur Rashid of the Feni Women and Children Repression Prevention Tribunal had sentenced all 16 accused to death and fined each Tk1 lakh.

The trial had been completed in 61 working days before the records were sent to the High Court for death reference confirmation.

On 29 October 2019, all case records related to the death sentences reached the High Court.

The paper book containing the records was subsequently prepared on a priority basis.

After the necessary proceedings were completed, the case was placed before the chief justice, who assigned the matter to the High Court for hearing.

Under the Code of Criminal Procedure, when a trial court sentences an accused to death, the case records must be sent to the High Court for confirmation of the sentence.