High Court upholds death for 2 of Biswajit’s killers

The High Court has upheld death for two out of the eight Chhatra League members originally sentenced to hang for killing Biswajit Das in Old Dhaka.

Justice Md Ruhul Quddus and Justice Bhishmadev Chakrabortty began reading the verdict for the case’s death reference and appeals from 11am Sunday.

As for the six others who were facing the gallows, four had their sentences reduced to life imprisonment while two were acquitted.

Among the 13 who had received life imprisonment, two appealed against their sentence. The High Court acquitted them on Sunday, but made no comment about the remaining 11 who are fugitives.  

Twenty-one members of the Bangladesh Chhatra League, the ruling Awami League’s student front, were convicted of murdering Biswajit during a strike called by the BNP-led opposition on Dec 9 of 2012.

The tailor’s murder near Bahadur Shah Park in broad daylight had put the Awami League government in a tight spot.

Death sentences that trial courts issue are forwarded as death references to the High Court for approval.

The High Court verdict on Sunday said, “Even though this murder was not premeditated, the combined attack by the accused men led to Biswajit's death.” 
 
But sentences handed to them by the trial court were lowered at the High Court because of ‘negligence’ in collecting evidence during the victim’s primary examination and autopsy. 
 
The descriptions of his wounds in these reports were inconsistent with the testimonies provided by witnesses and the accused killers, the court said.  
 
The judges ordered the police chief to find out if Sutrapur police Sub-inspector Zahidul Haque was negligent while preparing the primary report on Biswajit’s dead body, said Deputy Attorney General Md Moniruzzaman. 
 
The court also ordered authorities to check if there was any negligence by Maksudur Rahman, the forensic medicine teacher who performed his autopsy at Sir Salimullah College Hospital. 
 
Human rights lawyer Manzill Murshid has been asked to keep the court informed about the implementation of the order.

“There is no word to describe our grief over this verdict,” Biswajit’s father Ananta Kumar Das told bdnews24.com.

“How can two among the eight convicts set for hanging be acquitted?” asked his brother Uttam Kumar Das.

The prosecution will decide whether to file appeal after receiving a copy of the full verdict, Deputy Attorney General Nazibur Rahman told reporters outside court.

When asked about the fate of the case’s 11 fugitives, he said their judgment would start once they are arrested.

Biswajit's family in agony

Name	Status	trial court	High Court
Rafikul Islam Shakil	prison	death	death
Rajan Talukdar	fugitive	death	death
Mir Noore Alam Limon	fugitive	death	life imprisonment
Mahfuzur Rahman Nahid	prison	death	life imprisonment
Emdadul Haque Emdad	prison	death	life imprisonment
GM Rasheduzzaman Shaon	prison	death	life imprisonment
Kayyum Miah	prison	death	acquitted
Saiful Islam	prison	death	acquitted
AHM Kibria	prison	life imprisonment	acquitted
Golam Mostafa	prison	life imprisonment	acquitted
Yunus Ali	fugitive	life imprisonment	no appeal
Tarik Bin JoharTamal	fugitive	life imprisonment	no appeal
Alauddin	fugitive	life imprisonment	no appeal
Obaidul Kader Tahsin	fugitive	life imprisonment	no appeal
Imran Hossain	fugitive	life imprisonment	no appeal
Azizur Rahman	fugitive	life imprisonment	no appeal
Al-Amin	fugitive	life imprisonment	no appeal
Rafikul Islam	fugitive	life imprisonment	no appeal
Monirul Haq Pavel	fugitive	life imprisonment	no appeal
Kamrul Hasan	fugitive	life imprisonment	no appeal
Mosharraf Hossain	fugitive	life imprisonment	no appeal