The High Court on Monday observed that the trial court’s decision to sentence all 16 accused to death in the murder case of Feni madrasa student Nusrat Jahan Rafi amounted to a “mindless sentence.”
The court also directed the Ministry of Law, Justice and Parliamentary Affairs to take steps to remove Judge Mamunur Rashid from hearing criminal cases and passing sentences in criminal matters.
Attorney General Ruhul Quddus Kajol said the High Court bench observed that the judge had failed to apply the full judicial mind required to properly perform his duties.
“The court said he also failed to consider who should receive what punishment and the extent of each individual’s involvement in the incident while delivering the judgment,” Kajol said.
In 2019, Judge Mamunur Rashid of the Women and Children Repression Prevention Special Tribunal in Feni sentenced all 16 accused to death in the case.
On Monday, a High Court bench comprising Justice Bhishmadev Chakraborty and Justice KM Rasheduzzaman Raja upheld the death sentences of two of the 16 convicts, commuted the sentences of four others to life imprisonment, and acquitted the remaining 10.
The two whose death sentences were upheld are Siraj Ud Daula, the suspended principal of Sonagazi Islamia Fazil (Degree) Madrasa, and Shahadat Hossain Shamim.
According to case documents, on March 27, 2019, Siraj called Nusrat to his room and sexually harassed her. He was arrested after a case was filed over the incident.
On April 6, after Nusrat refused to withdraw the case, she was allegedly taken to the madrasa rooftop, where her hands and feet were tied, kerosene was poured over her body, and she was set on fire.
Nusrat died on April 10, 2019, while undergoing treatment at the burn unit of Dhaka Medical College Hospital.