A murder in cold blood: SC

The Supreme Court has released the full text of its judgment on a review petition in the Shazneen murder case, observing that the incident of her killing was “a cold-blooded murder” and “a crime against society”.

“The brutality of the crime shocks the judicial conscience,” it said in the full verdict which was released on Sunday clearing the way for the jail authorities to execute death-row convict Shahidul Islam.

“Now the apex court judgment will be sent to the jail authorities. After receiving the verdict, the jail authorities will inform Shahidul Islam about it and will ask him whether he will seek mercy from the president. If he seeks presidential mercy and if the president rejects his mercy petition, the jail authorities will execute his death sentence after 14 days and before 21 days from the date of receiving the verdict,” Deputy Attorney General Khondker Diliruzzaman told The Daily Star.

Earlier on March 5, a three-member bench of the Appellate Division of the SC headed by Chief Justice Surendra Kumar Sinha dismissed the petition for reviewing its earlier judgment, which upheld the death penalty of Shahidul in the case over the rape and murder of Shazneen 18 years ago.

The two other members of the bench are Justice Syed Mahmud Hossain and Justice Hasan Foez Siddique.

Shazneen Tasnim Rahman, a class-IX student of Scholastica, was raped and murdered at her Gulshan house on April 23, 1998. She was the daughter of Transcom Group Chairman Latifur Rahman.

On August 2 last year, the Appellate Division of the SC upheld the death penalty of Shahidul, a domestic help at Shazneen's Gulshan house.

But it acquitted four others -- Syed Sajjad Mainuddin Hasan, a contractor for renovation of Shazneen's house, his assistant Badal, and housemaids Estema Khatun Minu and Parvin.

On September 15 last year, Shahidul filed the petition with the SC seeking review of its verdict that upheld his death penalty.

SC OBSERVATIONS

In the full verdict, the apex court observed that Shazneen, an unfortunate girl of 15 years, was killed most inhumanly and brutally after rape in her bedroom which was her most secured place.

“This [Appellate] Division, upholding the findings of the tribunal and High Court Division, observed that it has been proved beyond all reasonable doubt that victim Shazneen was raped before murder,” the court said.

“... there is no doubt that not only this vulture pounced upon the body of the victim but it had jeopardised the victim's parents, her other family members and conscience of the society at large. It was a cold-blooded murder and where rape was committed on an innocent and helpless girl which was a treacherous and cowardly act of the petitioner [Shahidul].”

The SC judges observed, “It is not possible to catalogue the reasons which may justify the pass of death sentence but when the murder has been committed in a brutal manner on a helpless child the same may be awarded. It is a crime against society and the brutality of the crime shocks the judicial conscience that the Court has the duty to impose the death sentence.

“It is true death for death may be, to some extent, inhuman but it is equally true that when a man becomes a beast and menace to the society, he can be deprived of his life. The nature of the crime reveals that the petitioner is a menace to the society and sentence of imprisonment would be altogether inadequate.

“From the nature of the offence it appears to us that the petitioner is not in any way entitled to get any sympathy. We do not find any mitigating or extenuating circumstances on record for commutation of the sentence of death. Delay in the disposal of this case cannot by itself be a ground for commuting the sentence of death to one of imprisonment for life since the crime committed by the petitioner was premeditated senseless, dastardly and beyond all human reasonings.” 

CASE HISTORY

The Special Tribunal for Prevention of Women and Children Repression in Dhaka convicted and sentenced six accused to death in the case on September 2, 2003.

The six -- Hasan, Badal, Shahidul, Estema, Parvin and carpenter Shaniram Mandal -- then appealed to the High Court against the tribunal verdict.

On July 10, 2006, the HC confirmed the death penalty of Hasan, Shahid, Badal, Minu and Parvin. It, however, acquitted Shaniram.

Later, four accused -- Hasan, Badal, Minu and Parvin -- filed separate leave-to-appeal petitions, seeking permission for filing regular appeals against the HC verdict.

On April 26, 2009, the Appellate Division accepted their leave-to-appeal prayers.

Later, the four lodged appeals with the SC.

Shahidul also filed an appeal with the apex court through the jail authorities.