'Judge Kamrunnahar lost her ability to remain in the post'

Law Minister Anisul Huq today said his ministry will send a letter to the chief justice to take action against Judge Mosammat Kamrunnahar for her observation -- recommending police not to register any rape case after 72 hours of the incident.

"The observation made by Judge Mosammat Kamrunnahar is absolutely unlawful and illegal as there is no time limit in the criminal justice system for recording case for committing this criminal offence," the minister, also a criminal law expert, told The Daily Star.

Judge Kamrunnahar of Women and Children Repression Prevention Tribunal-7 had made this recommendation while delivering the verdict on the well-publicised Banani Raintree Hotel rape case.

"I think she (the judge) has lost her ability to remain in the post of a judge because of her observation," said the minister.

The law minister told this correspondent that his ministry will send the letter to the chief justice today -- requesting appropriate action against the judge.

"The chief justice will take the proper decision, but I cannot say what that decision will be," he said.

Legal experts and rights activists have severely criticised the recommendation, saying it is contradictory to law and justice, and will further encourage rapists.

The judge noted that the case was lodged 38 days after the incident happened, and so no DNA evidence could be found. "Semen cannot be traced after 72 hours…"

Last year in October, the High Court bench of Justice Md Rezaul Haque and Justice Bhishmadev Chakrabortty passed a judgment saying that a rape accused cannot be exonerated only due to the lack of medical evidence.

The minister, however, declined to make any comment on the acquittal of the five accused rapists.