HC orders probe against SI, doc

The High Court yesterday upheld the death sentence of two BCL men, commuted that of four to life term and acquitted two in the case over the gruesome killing of Bishwajit Das.

All the eight were handed down capital punishment by a lower court on December 18, 2013.

The HC acquitted two others who were given life imprisonment.

It was a cold winter morning in 2012 when Bishwajit's life was cut short by the savagery of some Bangladesh Chhatra League activists during a countrywide blockade enforced by the opposition.

The killing, much of which was filmed by journalists at the scene, shook the nation to its core as the clips and pictures appeared on the news.

The HC came up with the verdict yesterday after hearing the death reference and appeals of the convicted accused challenging the trial court judgment.

It also directed the authorities concerned to launch a probe to find out whether the then sub-inspector of Sutrapur Police Station Zahidul Haque, who conducted the inquest, and Dr Md Masksud, who performed the autopsy, had committed misconduct.

The HC passed the order as Zahidul and Maksud in their reports said the body was bearing only one injury mark although it was found from video footage, media reports, confessional statements of condemned prisoners and other evidence on record that the victim suffered several wounds in the brutal assault by the accused.

The inspector general of police has been asked to investigate Zahidul, while the health secretary, director general of health services department and chairman of Bangladesh Medical and Dental Council have been ordered to probe the allegation against Maksudul.

The HC also asked advocate Manzill Murshid, president of Human Rights and Peace for Bangladesh, who moved around 200 public interest litigations, to oversee the inquiries and update the court from time to time.   

HC VERDICT

The two BCL activists, whose death sentences were confirmed by the HC, are Rafiqul Islam Shakil and Rajon Talukder.

Rajon is absconding while Shakil is in jail. 

The HC upheld the lower court verdict considering the gravity of the offence, Deputy Attorney General Moniruzzaman Rubel told The Daily Star.

Their activities and involvement in the killing corroborated with the inquest and postmortem reports, the confessional statements given by four condemned prisoners and other evidence on record, he said.

They were found guilty as they caused grievous bodily harm to the victim, leading to his death, added Moniruzzaman. 

The accused, who took part in the killing by chasing Bishwajit and assisting the prime accused, Rajon and Shakil, have been given life imprisonment, because their assistance and active role caused the death.

The DAG also said the HC acquitted the other accused as it found that the prosecution had not been able to prove the charges brought against them beyond reasonable doubt.

Previously sentenced to death by the trial court -- Mahfuzur Rahman Nahid, Emdadul Haque Emdad, GM Rasheduzzaman Shaon and Noor-e-Alam Limon -- got life imprisonment. Limon is absconding while the other three are behind bars.

Md Saiful Islam and Qayum Mia Tipu, both sentenced to death by the trial court, were acquitted. The HC also acquitted two others -- Golam Mostafa and AHM Kibria, who were earlier given life imprisonment. The four are in jail.

This court, however, refrained from making any comments about 11 people, who were given life imprisonment by the lower court, as they did not move any appeal before the HC.

It can be presumed that the sentence and conviction of the 11, who are on the run, will remain in force until their arrest and filing of appeals by them, the DAG said.

Delivering the verdict, the bench of Justice Md Ruhul Quddus and Justice Bhishmadev Chakrabortty observed that Bishwajit was not a member of any political party. He was just an innocent poor boy.

The accused had no pre-plan or motive to kill Bishwajit; he was the victim of their political activities, the court said.

The court also observed that students are sometimes misguided by political leaders, and even teachers are reportedly assaulted by unruly students, which is alarming for the society and the nation.

Details of the verdict will be known when its full text will released.

Advocate Nazibur Rahman, another deputy attorney general, who stood for the state, told this correspondent that the government will decide about moving appeal before the Supreme Court after receiving the full text of the HC verdict.        

Meanwhile, Munusul Hoque Chowdhury, lawyer for Rafiqul Islam Shakil, told this newspaper that his client's family has wished to move an appeal before the apex court.

HC OBSERVATION

The court observed student politics in the country has lost its glory. The use of weapons and narcotics has become an open matter in politics. 

Students are getting involved in murder, extortion and other criminal activities that are making them ferocious and dangerous.

On the autopsy and inquest report, the court said an unclear investigation may cause disaster. Therefore, a probe is needed to identify whether the people who prepared the reports were negligent in their duty.

THE MURDER  

On the morning of December 9, 2012, a number of bombs exploded in front of Bahadur Shah Park as the 18-party opposition alliance enforced a road blockade.

Hearing the sounds, pro-government BCL men of Jagannath University unit rushed to the spot, wielding sticks and chased some people suspecting them to be pickets.

At one stage, they caught Bishwajit Das, 24, proprietor of Amantron Tailors in Sutrapur, who was passing through the area.

For about five minutes, they beat up and hacked him indiscriminately, dragging him down to the streets. Some of them continued pounding on him as he tried to escape.

Bishwajit did manage to break free and cross the road, but collapsed.

Some onlookers then put him on a rickshaw that took him to Mitford Hospital in about 10 minutes. He gasped for air in the hospital for 15-17 minutes and then died.

Family members say Bishwajit was not involved with any political party.

The trial began in July 2013.

On December 18, 2013, Judge ABM Nizamul Haque of the Speedy Trial Tribunal-4 sentenced eight BCL activists to death and 13 others to life in prison.

Fourteen appeals were filed with the HC by the convicted accused challenging the lower court verdict.