The High Court yesterday upheld the death sentences of five former Chhatra League activists and acquitted four others in the Jahangirnagar University student Zubair Ahmed murder case.

The five facing the gallows are former JU students Khandaker Ashiqul Islam Ashiq of philosophy department, Rashidul Islam Raju, Khan Mohammad Rais alias Shohan and Zahid Hasan of zoology and Mahbub Akram of government and politics department.

Of them, Raju is now behind bars while the others have been absconding.

Yesterday, the HC also upheld the life term imprisonment of two convicts -- Ishtiaq Mehbub Arup of philosophy and Najmus Sakib Topu of biochemistry and molecular biology department.

The HC directed Topu, now on bail, to surrender to the lower court concerned within 30 days after receiving the copy of the judgment.

Among the convicts, Ashiq, Akram, Shohan and Arup are now in Malaysia. They had sneaked out of Dhaka Speedy Trial Tribunal-4 on February 23, 2014, during the trial proceedings of the case.

Four accused acquitted of the murder charges are Kamruzzaman Sohag of philosophy department, Abhinandon Kundu of statistics, Majharul Islam of history and Shafiul Alam Setu of statistics. The trial court had sentenced them to life imprisonment.

Zubair, a final-year honours student of the English department, was tortured and stabbed by rival BCL activists on January 8, 2012. He died of his injuries at a Dhaka hospital the following day.

The university authorities filed the murder case on January 9. The killing of Zubair triggered a huge outcry.

The JU authorities expelled seven accused and suspended six others for two years each after they had carried out an investigation.

Meanwhile, the victim's family members yesterday expressed frustration over the acquittal of the four accused, reports our Patuakhali correspondent.

Zubair's elder brother Abdullah Al Mamun, a private university teacher, said they would file an appeal with the Appellate Division of the Supreme Court against the HC verdict after consulting with lawyers.

A resident of Kalapara upazila in Patuakhali, victim's father Tofael Ahmed said, “I am not satisfied with the High Court verdict as four of the accused have been acquitted. They were involved in the killing of my son.”

The retired navy man hoped he would get justice from the SC.

HIGH COURT VERDICT

The HC bench of Justice Bhabani Prasad Singha and Justice Mustafa Zaman Islam delivered the verdict after hearing the death reference and appeals of several convicts.

Deputy Attorney General KM Zahid Sarwar Kazal said the HC confirmed the death sentence of the five accused as the allegations of their involvement in the killing were proved beyond reasonable doubt after examination of documents and evidence, investigation reports and the confessional statements of the accused.

The HC acquitted the four accused on “benefit of doubt” as Mahbub did not mention the names of Avinondon and Setu in his confessional statement and there is no mention of Sohag and Majharul in the confessional statement of Topu, he told The Daily Star.

Raju, Avinondon, Sohag, Majharul, Setu and Topu filed separate appeals with the HC challenging the trial court's verdict.

Avinondon, Sohag, Majharul and Setu secured bail in the case, DAG Zahid said.

Talking to reporters at his office after the delivery of the verdict yesterday, Attorney General Mahbubey Alam said Zubair, who was a meritorious student, was killed in a planned way and in cold blood.

Expressing satisfaction over the HC verdict, he said the judgment gave a message that the killers must be hanged.

On February 8, 2015, the Speedy Trial Tribunal-4 of Dhaka awarded capital punishment to five former BCL men and life term imprisonment to six others in the sensational murder case. Two other accused were acquitted.

The HC started hearing the appeals of the accused in December last year.

CONVICTS STILL ABSCONDING

“I am a free bird… Now I can fly…”

This is what Shohan, a condemned fugitive killer, wrote on his Facebook wall after reaching Malaysia.

Another fugitive Arup, who was handed life imprisonment, was seen in a photo sitting in a chair with a coffee cup at a Starbucks outlet in Kuala Lumpur. He posted the photo on Instagram on October 18, 2016.

Another accused Zahid, who was handed death sentence, is still on the run.

The Daily Star has found that the four fugitives are in Malaysia maintaining a good lifestyle. The convicted killers are now hanging out at night clubs and tourist resorts and going to cinemas, according to their Facebook posts.

Contacted, some of the former classmates of the convicts confirmed that the Facebook accounts are run by the four fugitives.

Asked about arresting the fugitives, Attorney General Mahbubey Alam said the law enforcers would be able to pick up the convicts if they make sincere efforts.

Convicts staying abroad can be brought back home through mutual legal assistance between the two countries, he said.

STUDENTS STAGE PROTEST

A group of JU students under the banner of “Shontrasher Biruddhe Jahangirnagar” brought out a procession on the campus last night, protesting the acquittal of four accused in the Zubair murder case, reports our JU correspondent.

They also demanded bringing the fugitive convicts back home.

Protesters said Sohag, who “directly took part” in the killing, has been acquitted.