Nusrat murder: HC confirms death sentences of two

The High Court yesterday upheld the death sentences of two of the 16 convicts -- then Sonagazi Islamia Fazil Madrasa principal SM Siraj-Ud-Dowlah and his aide Shahadat Hossain Shamim -- in the murder case of madrasa student Nusrat Jahan Rafi in 2019.

The court, however, commuted the death sentences of four convicts to life imprisonment and acquitted 10 others, who had also been sentenced to death by the trial court.

Tap here to add The Daily Star as a trusted source

It also directed the law ministry to withdraw the criminal judicial powers of then trial court judge Mamun Ur Rashid for handing down death sentences to all 16 accused in a “mindless and irrational manner”.

The HC observed that the “mindless” death sentences had a devastating effect on the families of the innocent accused in the case.

The bench of Justice Bhishmadev Chakrabortty and Justice KM Rasheduzzaman Raja delivered the verdict on the death reference and appeals filed by the convicts against the trial court verdict.

The four convicts whose death sentences were commuted to life imprisonment are Umme Sultana Popy, Nur Uddin, Shakwat Hossain Jabed, and Saifur Rahman Muhammad Zubair.

All 16 are now in jail, said defence lawyers.

The 10 accused acquitted of the charges are Mohammad Shamim, Ruhul Amin, Afar Uddin, Maksud Alam Counsilor, Hafez Abdul Kader, Abdur Rahim Sharif, Iftekhar Uddin Rana, Imran Hossain Mamun, Mohiuddin Sakil, and Kamrun Nahar Moni, defence lawyers Mohammad Shishir Manir and Jaiad Bin Amjad told The Daily Star.

Siraj’s lawyer SM Masud Hossain Dolon and Shahadat’s lawyer SM Shah Jahan said they would file appeals with the Appellate Division of the Supreme Court challenging the HC judgment if their clients’ families asked them to do so.

The details of the HC verdict will be known after its full text is released.

Meanwhile, Attorney General Md Ruhul Quddus Kazal told reporters that the state will decide about filing appeal with the Appellate Division of the Supreme Court against the judgment after receiving its certified copy.

About the verdict, Deputy Attorney General Syed Ejaz Kabir told this correspondent that two people have been sentenced to death because evidence and other materials were found against them.

“According to the court’s findings, they were involved in the planning of the killing. If Siraj-Ud-Dowlah did not carry out the incident [sexual harassment] on March 27, 2019, perhaps the subsequent incident would not have occurred. Shahadat, meanwhile, completed the entire plan.”

The four were sentenced to life imprisonment as evidence and other materials established their involvement in the incident. Although some evidence suggested they had been forced or coerced into participating, they still carried out the crime and failed to fulfil their civic duty of informing others or the police, he said.

DAG Kabir said as for the remaining 10 people, the court found no evidence against them -- neither circumstantial evidence, witness testimony, nor eyewitness evidence.

Citing the HC observations, defence lawyer Shishir Manir told this correspondent that Siraj, while in jail in connection with the sexual harassment case, conspired with the others to murder Nusrat.

“The sexual harassment incident was the starting point of the circumstances that ultimately led to the killing,” he said.

Shahadat had earlier proposed to Nusrat, but she rejected his proposal, which led to resentment against her, said Shishir.

After Siraj’s arrest, Shamim became the convener of the “Principal Release Committee” and conspired with Siraj while he was in jail, making the plan for the murder, the lawyer said, adding that this was clearly evident from the confessional statements of Shahadat and other accused in the case.

On August 20, the HC set yesterday for delivering the judgment after holding hearings for 17 working days on the death reference and appeals filed by the convicts against the trial court verdict.

Attorney General Ruhul Quddus, DAG Ejaz Kabir, and Assistant Attorney General Mahbuba Tasnim Akhi represented the state during the hearings.

On March 27, 2019, Nusrat, a 19-year-old student of Sonagazi madrasa in Feni, was allegedly sexually harassed by then madrasa principal Siraj. Her mother filed a case against Siraj, who was later arrested and sent to jail.

Nusrat was later set on fire on the madrasa roof on April 6 that year, after she refused to withdraw the case. She died from her injuries four days later, sparking nationwide outrage.

On October 24 that year, a Feni court handed down death sentences to all 16 accused, including Siraj and two expelled local Awami League leaders, in the murder case.

The case records reached the HC five days later, on October 29, 2019, as a mandatory death reference for confirmation of the death sentences.

Nearly seven years later, the bench led by Justice Bhishmadev Chakrabortty began hearing the death reference and appeals of the convicts on July 28.