Bushra Murder
Delay in getting SC stay order led to release of two convicts
Staff Correspondent
Unusual and mysterious delay in reaching a Supreme Court stay order on the release of two persons who were condemned to death by a lower court judge for killing Rushdania Islam Bushra led to the recent release of the two accused. Meanwhile, Bushra's mother Laila yesterday told The Daily Star that the two released accused threatened her over telephone to kill if she does not leave her Hazipara residence. The SC stayed until May 27 a High Court verdict issued on January 29 acquitting the two accused -- Sheikh Shawkat Ahmed Ruhul and his brother Skeikh Kabir Ahmed -- whom a trial court sentenced to death on June 30, 2003 in the Bushra murder case. Following the HC verdict, the state filed a leave to appeal with the Appellate Division against the verdict leading to a chamber judge's staying the HC verdict until May 27. In its verdict, the HC directed the trial court to release Shawkat and Kabir if they were not wanted in any other cases. Following the receipt of HC judgement copy on April 16, the trial court withdrew the arrest warrant against Kabir on April 17 and ordered release of Shawkat on April 18. Shawkat was released from Kashimpur jail on April 23 following a lower court order while the other accused Kabir was released under the president's general clemency on March 26. Deputy Attorney General (DAG) Golam Kibria told The Daily Star that the copy of the SC directive was sent to the trial court and the deputy commissioner (DC) of Dhaka on March 5. He also said that he inquired about the matter in the dispatch section of the SC and found that the offices of the judge and the DC received the copies of the SC stay order having memo numbers 979 and 980 respectively on March 5. However, Judge Nurunnahar of the Third Special Tribunal for Prevention of Women and Children Repression, Dhaka told The Daily Star yesterday that she had not yet received the copy of the Supreme Court stay order on the HC verdict. Peshkar and other staff of the judge were supposed to receive the copy of SC order sent in person by a messenger. Bushra, daughter of late Serajul Islam, was killed in July 2000 over a land-grabbing move by the convicts. Islam was a retired assistant superintendent of police. Bushra's mother Laila Islam filed the case with Khilgaon Police Station without accusing anybody, a day after the killing, and filed a supplementary first information report accusing the six people in September 2000. The Women and Children Repression Prevention Tribunal-3, Dhaka sentenced M Abdul Kader, the prime accused, and his brothers-in-law Shawkat and Kabir to death and awarded life imprisonment to Runu Kader, wife of Kader on June 30 in 2003. The death penalty convicts appealed to the High Court against the lower court verdict. On January 29 this year, the HC acquitted Shawkat and Sheikh Kabir, and upheld the death sentence of Kader and life-term imprisonment of Kader's wife Runu Kader. DAG Golam Kibria said he would bring the matter into the notice of the court when it opens on Thursday after two days of government holiday. He has already informed the attorney general of the matter and prepared all necessary papers to inform the SC about the matter, he added. COMMITTEE FORMED A three-member committee was formed yesterday to investigate release of Kabir Ahmed, condemned convict of sensational Bushra murder case, from Dhaka Central Jail on March 26. The probe committee has been formed with joint secretary (political) of Home Ministry M Mojibar Rahman as its convenor, said a PID handout yesterday. Two other members are deputy secretary (law) M Sujayetullah and AIG (development) of Directorate of Prisons M Altaf Hossain. The probe committee has been asked to submit its report within the next three days, reports UNB. BUSHRA'S MOTHER ALLEGES THREAT Until receiving death threats on the phone on Friday afternoon, Bushra's mother Laila Islam had no idea that Bushra's killers, Shawkat and Kabir, were out of police custody. Laila told The Daily Star, "Shawkat and Kabir threatened me over the phone saying that they had killed my daughter and served time in jail. Now they were out to kill me unless I left my house for good." As she realised that the two convicts have been released from jail, Laila, who lives at her brother-in-law's place at West Hazipara, have been keeping herself confined to the house fearing attack on her life. She alleged that although joint forces captured Kabir on February 23 this year following her complaint, Kabir was freed since officer-in-charge (OC) of Ramna Police Station, A K M Daulat Akbar, mysteriously shown the criminal arrested under section 54 of the Criminal Procedure Code. "I informed the OC of the stay order of the Supreme Court and of the murder case, but I do not see any reason why Kabir was shown arrested under section 54. It was negligence on the OC's part," said Laila. "I will not take any legal step since an accused of such a case is shown arrested under mere section 54 and the other was released dodging the stay order of the Supreme Court," said a baffled Laila. Despite repeated attempts, the OC could not be reached for his comments.
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