HC strips judicial authority from judge who sentenced 16 to death in Nusrat murder case

The High Court has ruled that the death sentences imposed on 16 accused by the District Women and Children Repression Prevention Tribunal in the murder of Feni madrasa student Nusrat Jahan Rafi were inappropriate. 

The court observed that Judge Mamunur Rashid of the Women and Child Abuse Prevention Special Tribunal at the Feni Judge Court had failed to exercise proper judicial discretion. 

Consequently, he has been directed to refrain from handling criminal cases, and the Law Ministry has been instructed to take appropriate action against him for imposing the death penalty on 16 accused without the required judicial care.

A High Court bench comprising Justice Bhishmadev Chakraborty and Justice KM Rasheduzzaman Raja issued the order on Monday while delivering the judgment on the appeal and death reference arising from the murder of madrasa student Nusrat Jahan Rafi in Feni. 

The death sentences of two accused were upheld, four others received life imprisonment, and ten were acquitted. 

The two whose death sentences were confirmed are Siraj-ud-Daula, the then principal of Sonagazi Islamia Fazil (Degree) Madrasa, and Shahadat Hossain Shamim.

On October 24, 2019 Judge Mamunur Rashid of the lower court sentenced 16 people, including the dismissed principal of Sonagazi Islamia Fazil Madrasa, to death and imposed a fine of one lakh taka on each. 

The case papers were subsequently forwarded to the High Court for confirmation of the death sentences. 

The accused later lodged both jail appeals and criminal appeals.

Nusrat’s mother, Shirin Akhtar, had filed a case on March 27, 2019 accusing Siraj-ud-Daula of sexual assault. 

Following the principal’s arrest, some of his associates sought to mobilise public opinion in an effort to secure his release. On April 3, the accused killers allegedly conferred with him in prison, and on April 4, a plan was formulated to murder Nusrat in the madrasa dormitory. 

On April 6, when she attended the madrasa to sit an Alim examination, an attempt was made to burn her live on the roof of the cyclone shelter. 

She was rescued and first taken to Sonagazi Upazila Health Complex, then transferred to Feni General Hospital. When her condition deteriorated she was moved to the burn unit of Dhaka Medical College Hospital, where she died on April 10 while receiving treatment. Her brother, Mahmudul Hasan Noman, subsequently filed the murder case.

Among those sentenced to death by the Feni Women and Children Repression Prevention Tribunal were the then president of Sonagazi Upazila Awami League, Ruhul Amin; Sonagazi Municipality councillor Maksudul Alam; madrasa teacher Hafez Abdul Quader; lecturer Afsar Uddin; madrasa student Nur Uddin; Shahadat Hossain Shamim; Saifur Rahman Mohammad Jobayer; Jabed Hossain, also known as Sakhawat Hossain Jabed; Kamrun Nahar Moni; Umme Sultana Popi, also known as Tuhin; Abdur Rahim Sharif; Iftekhar Uddin Rana; Imran Hossain Mamun; Mohammad Shamim; and Mohi Uddin Shakil.

Following the trial court’s verdict the documents relating to the death reference reached the relevant section of the High Court on October 29, 2019 and were registered as Death Reference 140/19. 

Given the high-profile nature of the case a paper book was prepared on a priority basis. The accused also filed separate appeals and jail appeals.