The High Court has published its full judgment in the sensational murder case of Feni madrasa student Nusrat Jahan Rafi.
The 112-page judgment was uploaded to the Supreme Court website on Tuesday, following the High Court’s decision on August 24, nearly seven years after a trial court sentenced all 16 accused to death.
In its ruling, the High Court significantly revised the trial court’s verdict, upholding the death sentences of two convicts, commuting the sentences of four others to life imprisonment and acquitting the remaining 10.
The court also observed that the trial court’s decision to sentence all 16 accused to death was “thoughtless and irresponsible”.
It further directed the Law Ministry to take steps to limit the jurisdiction of Mohammad Mamunur Rashid, who delivered the trial court’s verdict, over criminal cases.
A bench comprising Justice Bhishmadev Chakrabortty and Justice KM Rasheduzzaman Raja passed the verdict after hearing the death reference, appeals filed by the convicts and jail appeals.
The death sentences of SM Siraj-ud-Daula, the dismissed principal of Sonagazi Islamia Fazil Madrasa, and madrasa student Shahadat Hossain Shamim were upheld.
The sentences of Nur Uddin, Umme Sultana Popy alias Tuhin, Saifur Rahman Mohammad Zobayer and Jabed Hossain alias Sakhawat Hossain Jabed were commuted to life imprisonment.
The 10 acquitted include Ruhul Amin, then president of Sonagazi upazila Awami League; Maksudul Alam, a councillor of Sonagazi municipality; madrasa teacher Hafez Abdul Quader; lecturer Afsar Uddin; Kamrun Nahar Moni; Abdur Rahim Sharif; Iftekhar Uddin Rana; Imran Hossain Mamun; Mohammad Shamim; and Mahi Uddin Shakil.
The High Court said the charges against the 10 were not proved beyond reasonable doubt.
According to the case documents, Nusrat, an Alim examinee at Sonagazi Islamia Fazil Madrasa, was allegedly sexually harassed by its principal, Siraj-ud-Daula, after being summoned to his office on 26 March 2019.
The following day, her mother Shirin Akter filed a case against Siraj-ud-Daula at Sonagazi Model Police Station. Police arrested him the same day.
The chargesheet said his supporters became angry following his arrest and subsequently plotted to kill Nusrat.
On 6 April, Nusrat was taken to the rooftop of the madrasa’s administrative building. Five people wearing burqas allegedly tied her hands and feet, poured kerosene over her and set her on fire.
She was rushed to Dhaka Medical College Hospital for treatment and died there on 10 April at the Burn and Plastic Surgery Unit.
After the attack, Nusrat’s brother Mahmudul Hasan Noman filed an attempted murder case at Sonagazi Police Station, naming eight people and several unidentified individuals. The case was later converted into a murder case following her death.
Police subsequently submitted a chargesheet against the eight accused named in the initial complaint and eight others.
On 24 October 2019, the Feni Women and Children Repression Prevention Tribunal sentenced all 16 accused to death.
Five days later, the trial court sent the case records to the High Court for confirmation of the death sentences, a process known as a death reference.
The death-row convicts subsequently filed appeals and jail appeals before the High Court.
