Raintree hotel rape verdict: Judge stripped of judicial authority

Judge Mosammat Kamrunnahar of Dhaka's Women and Child Repression Prevention Tribunal-7, who recently observed in a verdict that police should not record a rape case 72 hours after the offence, has been stripped of her judicial powers.

Chief Justice Syed Mahmud Hossain made the decision in consultation with senior judges of the apex court. The Supreme Court also sent a letter to the law ministry to attach Kamrunnahar with the Law and Justice Division under the ministry.

In immediate execution of the letter, the judge was attached to the Law and Justice Division on Sunday. 

Mohammad Saifur Rahman, special officer and spokesperson of the Supreme Court, confirmed this while talking to The Business Standard.

Meanwhile, Law Minister Anisul Huq said action had been taken as per the directive of the chief justice.

In reply to a question raised by journalists at the Secretariat on Sunday afternoon, he said, "This [judge Kamrunnahar's observation] gives wrong instructions to law enforcement agencies. Hence, it was necessary to take action against her and that action has been taken. That too will go ahead in a completely legal way."

Kamrunnahar will be served a show-cause notice asking her to explain why she made the observation, the minister added.

The law minister further said the statement that a rape case cannot be recorded 72 hours after the incident is embarrassing for judges.

Filing a criminal case is not barred by limitation, the law minister mentioned, adding that no case was filed in connection with the assassination of the Father of the Nation Bangabandhu Sheikh Mujibur Rahman in 21 years after the incident took place in 1975. The maiden FIR was registered on 2 October 1996.

The minister further argued that Article 31 of the country's Constitution clearly states that action should be taken against or in favour of any citizen of Bangladesh or any other person temporarily residing in Bangladesh only as per the law.

"But, in the case of rape of two women at Raintree hotel the judge said the case could not be filed 72 hours after of the incident. The judge has violated both the law and the Constitution," said Anisul Huq.

Judge Kamrunnahar directed the police on 11 November not to accept any lawsuit 72 hours after rape. She came up with the directive while passing the verdict in a case filed on charges of rape of two university students in the city's Raintree Hotel four years ago.

The tribunal of judge Kamrunnahar also acquitted the five persons – including Safat Ahmed, son of Apan Jewellers owner Dildar Ahmed – accused of committing the rape, citing a lack of evidence in the case.

The observation drew huge criticism from various sections of society.

On 6 May 2017, 38 days after the incident, the two victims filed the case with the Banani police station.

According to the case statement, they were raped in two rooms of the Raintree hotel after they went there to attend Safat's birthday party.

The accused kept the plaintiff, her female friend, and male friend Shahriar from 9pm on 28 March till 10am the next day.

The defendants took the plaintiff and her friend to separate rooms after intimidating them by brandishing guns and hurling abuses.

The plaintiff was raped by Safat Ahmed, and her friend by Nayeem Ashraf while others collaborated in the incident, added the first information report.

On 8 June 2017, the police submitted the charge sheet against all the five accused in the case. They were indicted on 13 July.

A total of 21 out of 47 prosecution witnesses, including the complainant, have testified before the tribunal.

The recording of testimonies in the case was completed on 22 August this year.