HC revokes judicial powers of judge in Nusrat murder case

The High Court (HC) on Monday stripped criminal judge Mamunur Rashid of his judicial powers for his “mindless and arbitrary” approach in sentencing 16 accused to death in the Nusrat murder case of 2019.

Attorney General Md Ruhul Kuddus Kajol revealed the HC’s move against the lower court judge in a press briefing, which was hosted shortly after the HC retained the death penalty only for two perpetrators.

The HC bench of Justice Bhishmadeb Chakraborty and Justice KM Rasheduzzaman Raja has ordered the Ministry of Law, Justice and Parliamentary Affairs to withdraw Mamumur from performing criminal judicial duties.

Mamunur Rashid failed to demonstrate his “judicial mindset” and rather acted upon emotional urgings or public and media pressure when handing down death against all the accused.

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Nusrat murder case: HC upholds death sentences for two, life terms for four

Mamunur did not consider the degree of crimes of each of the accused, nor did he weigh their actual involvement in the heinous murder, the HC has observed, the Attorney General told reporters.

As per the case statement, on 27 March 2019, Siraj-ud-Doula, the then principal of Sonagazi Islamia Fazil Madrasah in Sonagazi of Feni, sexually abused one of his students, Nusrat Jahan Rafi.

She later filed a case against the principal, but the abuser started pressuring her to withdraw the case. She kept refusing.

On 6 April, Siaj-ud-Doula called her to the terrace of the madrasa, and then again asked her to withdraw the case, warning of consequences.

As she refused again, the accused tied her hands and legs, and poured kerosene on her, before setting her on fire.

Afterwards, Nusrat’s elder brother, Mahmudul Hasan, filed another lawsuit of arson attack with the Sonagazi Police Station.

Four days later, Nusrat succumbed to her injuries at the burn unit of the Dhaka Medical College Hospital. The case in this connection was subsequently transformed into a murder case.

On 24 October, judge Mamunur Rashid of the local “Women and Child Repression Prevention Tribunal” sentenced the 16 accused in the case to death. On 29 October, the death references were sent to the High Court for approval.