The High Court has upheld the death sentences of two accused in the murder of Feni madrasa student Nusrat Jahan Rafi, commuted four sentences to life imprisonment and acquitted 10 others, describing the trial court’s decision to sentence all 16 accused to death as “thoughtless and irresponsible”.
A division bench delivered the verdict on Monday after hearing death references, appeals filed by the accused and jail appeals.
The court also directed the law ministry to restrict the criminal judicial powers of Judge Md Mamunur Rashid, who delivered the original verdict, and ordered that he be attached to the ministry.
The High Court said the decision to sentence innocent accused to death had caused severe consequences for their families.
The death sentences of SM Siraj Uddoula, suspended principal of Sonagazi Islamia Fazil Madrasa, and madrasa student Shahadat Hossain Shami were upheld.
The sentences of Nur Uddin, Umme Sultana Popy alias Tuhin, Saifur Rahman, Mohammad Zubair and Javed Hossain alias Sakhawat Hossain Javed were commuted to life imprisonment.
Former Sonagazi upazila Awami League president Ruhul Amin, Sonagazi municipality councillor Maksudul Alam, madrasa teacher Abdul Kader, lecturer Afsar Uddin, Kamrunnahar Moni, Abdur Rahim Sharif, Iftekhar Uddin Rana, Imran Hossain Mamun, Mohammad Shamin and Mahi Uddin Shakil were acquitted.
The HC said the allegations against them were not proven beyond reasonable doubt.
Attorney General Ruhul Quddus Kajol said a decision on whether to appeal would be taken after reviewing the full verdict. Lawyers for the convicted accused said they would challenge the verdict.
The court also observed that the murder stemmed from allegations of sexual harassment against principal Siraj. It said the killing would not have taken place if Siraj had not made an immoral proposal to Nusrat after calling her to his office.
On 26 March 2019, Alim examinee Nusrat filed a case with Sonagazi Model Police Station the following day, alleging that Siraj had sexually harassed her after calling her to his office. Police arrested him the same day.
According to the murder case, Siraj’s followers became angry after his arrest. On 6 April, Nusrat was taken to the roof of the madrasa’s administrative building, where five people wearing burqas tied her hands and legs, poured kerosene on her and set her on fire.
Nusrat died on 10 April at the Burn and Plastic Surgery Unit of Dhaka Medical College Hospital.
After the attack, her brother Mahmudul Hasan Noman filed an attempted murder case with Sonagazi Police Station, naming eight people and several unnamed accused. The case was later converted into a murder case following her death.
