Convict Azad granted leave to appeal
The Supreme Court (SC) yesterday granted the leave to appeal of Syed Sajjad Mainuddin Hasan alias Azad, one of the convicts awarded death sentence in the sensational Shazneen murder case, against the High Court (HC) verdict confirming his death penalty.
The four member full bench of the Appellate Division headed by Chief Justice MM Ruhul Amin passed the order allowing Hasan to file a regular appeal with the SC for hearing against his conviction handed down by the HC.
The Appellate Division also allowed three other convicts of this case--Badal, Estema Khatun Minu and Parvin--to file regular appeals with the apex court against their convictions by recalling its earlier orders.
The Appellate Division had earlier dismissed the leave to appeals of Badal, Minu and Parvin on the grounds that they did not file their leave to petitions on time.
The defence lawyers said that the SC allowed the leave to appeal of Hasan on the ground that there was material non-disclosure of certain facts.
During the hearing of the petition yesterday, counsel for the convicts Advocate Khandker Mahbub Hossain told the court that principal accused of the case Shahidul Islam alias Shahid, who has not even filed any leave to appeal petition with the SC against his conviction handed down by the HC, had confessed to the court that only he himself had killed Shazneen.
Khandker Mahbub said there is no evidence of involvement of his clients in the killing.
Another counsel for the accused, Advocate Anisul Huq said that this is a case of no evidence and the accused should be allowed to file appeal against their conviction.
He said that Badal, Minu and Parvin could not file leave to appeal applications on time due to shortage of money.
Deputy Attorney General (DAG) ASM Abdul Mobin opposed the leave to appeal of Hasan, saying that there is a strong circumstantial evidence of involvement of Hasan in the killing.
If all the statements of the prosecution witnesses and the circumstances involving the previous incidents of the killing are examined, it will be proved that Hasan had instigated Shahidul to kill Shazneen, he said, adding that the leave to appeal cannot be allowed.
Khandker Mahbub Hossain told newsmen that following the SC orders, his clients will file separate regular appeals with the SC against the HC verdict in five to six months.
Fifteen-year-old Shazneen Tasnim Rahman, the youngest daughter of leading businessman Latifur Rahman, was raped and killed at their Gulshan residence sometime between 8:00pm and 10:15pm on April 23, 1998, the day a party was hosted by Rahman. Her body bore 25 marks of injury and there were bruises on her private parts.
After several weeks of the incident, Shahid was arrested and he revealed that at the instigation of Hasan, he raped Shazneen with the help of Humayun, Shaniram, Badal, Minu and Parvin. But during the trial, he confessed to have killed Shazneen but denied raping her.
Humayun, a guard at Rahman's house who died later in custody, Minu and Parvin gave confessional statements before magistrates at different dates.
Kazi Rahamat Ullah, judge of the Second Special Tribunal for Prevention of Women and Children Repression, Dhaka, on September 2, 2003, delivered the verdict sentencing six of the seven accused to death in the case.
The convicts who were condemned to death were Shahidul Islam alias Shahid, a domestic help, Syed Sajjad Mainuddin Hasan alias Azad, a contractor, Badal, the contractor's assistant, Shaniram Mandal, a carpenter, and Estema Khatun Minu and Parvin, maids.
The HC Death Reference Bench on this case comprising Justice Ali Asgar Khan and Justice Emdadul Haque, in its verdict on July 10, 2006, upheld the death penalty of Shahid, Hasan, Badal, Minu and Parvin and acquitted Shaniram of the charge.
Following the leave to appeal filed by Hasan, SC Chamber Judge Justice Amirul Kabir Chowdhury on July 17, 2006, stayed the HC verdict.
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