Upholding the death penalty for two death row convicts in the Bishwajit Das murder case, the High Court (HC) yesterday observed that under the guise of students’ politics, they committed different crimes, including extortion and murder, which is an alarming development. The bench of Justice Md Ruhul Quddus and Justice Bhishmadev Chakrabortty also commuted the penalty of four others and acquitted two—all of whom were sentenced to death for the killing in 2012.

Bishwajit was the victim of the leaders and activists of the Bangladesh Chhatra League (BCL) and students and former students of Jagannath University, during a countrywide blockade called by the Opposition parties to foil the parliamentary election held on January 5, 2014.

In its observation made during the deliberations on the much-talked-about case, the HC bench said, “In the name of student politics, they committed different crimes like extortion and murder. Some political leaders patronised them… General students had to face torture if they declined to go to the political programme, which is an alarming situation.”

The HC bench upheld the death sentence for BCL leaders Rafiqul Islam Shakil and Rajon Talukder. It handed down life imprisonment terms for Mahfuzur Rahman Nahid, Emdadul Haque Emdad, GM Rasheduzzaman Shawon and Mir Nur-e-Alam Rimon.

However, the HC bench acquitted death row convicts Saiful Islam alias Saiful and Qaiyum Mia Tipu. It also acquitted life-term convicts Golam Mostofa and AHM Kibria.

Referring to the investigation and inquest reports, the HC bench observed that both the reports were not correct and not the truth. The gruesome killing of 24-year-old tailor Bishwajit took place near the Bahadur Shah Park in the old part of Dhaka on December 9, 2012, which sent shockwaves nationwide as the country saw the proceedings live on TV screens. The print and electronic media published and aired the incident later in the day and next day, the HC bench said.

Apart from the investigation and inquest reports, the HC accepted the media reports as the case documents, given the poor investigation and inquest reports, according to the HC verdict.

The HC bench directed the inspector-general of police to investigate the negligence of sub-inspector Zahidul Huq

in preparing the inquest report of Bishwajit. It also asked the health ministry to investigate the negligence of Md Maksud of the forensic department at Sir Salimullah Medical College in preparing the post-mortem report. It asked the authorities to submit the progress report after conducting investigation as to whether the investigation officer and the autopsy doctor engaged in any misconduct in preparing the reports related to the death of Bishwajit Das.

Earlier, the same bench of the HC had, on July 17, set August 6 for delivering the verdict after concluding hearing the arguments on the murder case.

After being repeatedly chopped mercilessly by a group of BCL activists, Bishwajit died on the spot in full public view, even though he begged for his life.

On December 18, 2013, the Dhaka Speedy Trial Tribunal-4 sentenced eight persons to death and 13 others to life terms for murdering Bishwajit.

Six death convicts—Rafiqul Islam Shakil, Mahfuzur Rahman Nahid, Emdadul Haque Emdad, GM Rasheduzzaman Shawon, Saiful Islam alias Saiful, and Qaiyum Mia Tipu—filed appeals challenging their convictions while two others—Rajon Talukder and Mir Nur-e-Alam Rimon—are absconding.

Among the 13 life term recipients, Golam Mostofa and AHM Kibria preferred appeals against their sentences while 11 others are still at large. Though the HC bench acquitted the duo, it could not make any comments on the 11 absconding lifers.

The 11 life-term convicts are Yunus Ali, Tarik Bin Johor Tomal, Alauddin, Obaidul Qader Tahsin, Imran Hossain, Azizur Rahman, Al-Amin, Rafiqul Islam, Kamrul Hasan, Monirul Haque Pavel and Mosharraf Hossain.