Life term of 5 others also confirmed
The High Court on Sunday confirmed death sentences for 20 former leaders and activists of the Awami League-backed student body Bangladesh Chhatra League on the charge of murdering fellow student Abrar Fahad at a Bangladesh University of Engineering and Technology hall in 2019.
The court observed that the convicts, wielding cricket stumps, brutally tortured Abrar Fahad to death on October 7 in 2019 at the university鈥檚 Sher-E-Bangla Hall where he resided after he had criticised the AL regime鈥檚 agreements with India in a 2019 Facebook post and as they suspected his involvement with Bangladesh Islami Chhatra Shishir.
The court observed that the victim was brutally tortured in an attempt to extract information about other BUET students allegedly involved in Shibir politics, despite his repeated denial that he was involved with Shibir.
Reports of rampant incidents of torture by Chhatra League leaders and activists surfaced after the murder of Abrar who was a second-year student of electrical and electronic engineering at the time of his death.
Students alleged that those who held opinions different than Chhatra League were often tagged as Shibir activists and faced torture, while violent ragging was common at the BUET鈥檚 residential halls. A webpage launched by the computer science and engineering department on March 31, 2017, recorded 166 complaints, including those of torture-filled ragging, until October 9, 2019.
In addition to the death sentences, the court upheld life-term imprisonment for five other students involved in the murder.
The bench of Justice AKM Asaduzzaman and Justice Syed Enayet Hossain delivered the verdict accepting the death reference for the 20 convicts and dismissed appeals from the five life-sentenced individuals.
Of the 20 death-row convicts four are absconding. One of the absconders escaped from Kashimpur High Security Central Jail after the fall of the Sheikh Hasina-led Awami regime on August 5, 2024 amid a student-led mass uprising.
Speaking to reporters, Abrar Fahad鈥檚 younger brother, Abrar Fayaz鈥攁lso a BUET student鈥攕aid that such a verdict seemed unlikely before August 5.
鈥楾his was only possible because of the political changeover,鈥� he said.
He, however, emphasised that the legal steps remaining before the final execution of the verdict should be carried out without delay. 鈥榃e hope the process is expedited, as five years have already passed since my brother鈥檚 murder. If carried out, this ruling will serve as a deterrent against similar incidents in the future,鈥� he added.
Attorney general Md Asaduzzaman, who attended the verdict announcement alongside Abrar鈥檚 father, Barkat Ullah, expressed hope that the ruling would help restore discipline in the public university campuses and ensure justice for the murder of Abrar Fahad.
鈥楾he state will provide the convicts with all legal avenues in the Appellate Division to ensure due process,鈥� he stated.
In contrast, defence lawyer Azizur Rahman Dulu, who represented two death-row convicts, expressed disappointment.
鈥楾his was not the verdict we expected. My clients will seek justice in their appeals,鈥� he said.
Family members of the convicts, present at the court during the verdict, declined to comment.
After the High Court verdict defence lawyer Azizur Rahman Dulu was seen talking over phone to Morshed Amatya Islam, detained in Kashimpur High Security Central Jail. Amatya reportedly appeared composed while speaking with his lawyer at the time.
The defence lawyers for the five convicts, who have been handed life imprisonment, argued before the court for their acquittal, claiming that they played no active role in the murder.
The court in response observed that none of them made any effort to rescue and protect the victim from the perpetrators, justifying their sentences.
The court informed the attorney general that the written verdict, detailing the reasoning behind upholding the convictions, would be released within two to three days.聽聽
The 25 accused, acting in collusion, brutally tortured Abrar Fahad to murder without hesitation. None of the convicts showed fear, attempted to stop the assault, sought medical help, or made any effort to save his life, the court said.
The trial court鈥檚 charges against the accused were substantiated by both evidence and confessional statements.
Although the accused had sought to retract their confessions, claiming they were obtained through coercion and torture, the evidence confirmed that they had confessed voluntarily, the High Court further observed in its verdict.
The defence failed to present any proof that some of the accused were not present at the crime scene. In contrast, CCTV footage revealed that some actively participated in the assault, while others were present but made no attempt to intervene or rescue the victim. Their mere presence, coupled with inaction, reinforced their involvement in the crime.
Previously, on December 8, 2021, Dhaka鈥檚 Speedy Trial Tribunal-1 had sentenced 20 of the 25 accused to death and the remaining five to life-term imprisonment.
The High Court concluded further hearings on February 25 this year, finalising the death reference for the 20 convicts and reviewing appeals for the life sentences as well as addressing the status of 17 detained death-row convicts.
The case, which began when Abrar鈥檚 father,聽 filed charges against 19 students, later expanded to include a charge sheet against 25 BCL leaders鈥攏ow part of a banned organisation鈥攕parked both domestic and international protests against the suppression of free speech during the AL regime.
Following the student-mass uprising on August 5, 2024, which led to the fall of the AL regime, the interim government initiated the hearings on the death reference and appeals on November 28, 2024.
On August 6, 2024, Muntassir Al Jemi鈥攐ne of the 17 death-row convicts detained at Kashimpur High Security Central Jail鈥攅scaped during a mass jailbreak involving 202 prisoners.
The remaining 16 detained students sentenced to death by the trial court are鈥� Mehedi Hasan Russel, Khandaker Tabakkarul Islam Tanvir, ASM Nazmus Sadat, Md Mizanur Rahman Mizan, Shamsul Arefin Rafat, Md Shamim Billah, Hossain Mohammad Toha, Md Moniruzzaman Monir, Md Mehedi Hasan Robin (aka Shanta), Muzahidur Rahman Muzahid, Anik Sarker Apu, Md Meftahul Islam Jeon, Ifti Mosharraf Sakal, SM Mahmud Setu, Morshed Amatya Islam and Md Mazedur Rahman Mazed.
Three others who have been sentenced to death and remain fugitive from the beginning of the trial are Morshed-Uz-Zaman Mondal, Jisan Ehteshamul Rabbi Tanim and Mostaba Rafid.
The five accused who have been awarded life imprisonment are Muhtasim Fuad, Md Akash Hossain, Moaj Abu Hurayra, Amit Saha and Istiak Ahammed.