Nusrat filed 3rd case in order to save whip’s son Sharun
Peoples Time Desk
Three cases have been filed over mysterious death of college girl Mosarat Jahan Munia at her rented flat in Gulshan of the capital. Of the cases, two have been filed by her sister Nusrat Jahan alone. Two cases filed by her are contradictory.
Nusrat Jahan, elder sister of Munia, filed suicide instigating case against managing director of a leading business conglomerate of the country and she afterwards filed rape and murder case against him and his family members at the behest of an anti-state quarter.
A question has been raised as to whether Nusrat Jahan can file the third case at a time when second case filed by her brother is pending with the court.
Initially, Nusrat Jahan filed a case against managing director of the business conglomerate for inciting the suicide of Munia. When her case was under investigation, her brother Ashikur Rahman Sabuj filed a murder case against Nazmul Karim Chowdhury Sharun, son of Jatiya Sangsad whip and lawmaker from Patiya Shamsul Haque Chowdhury. During pendency of murder case against Sharun, Nusrat Jahan filed a murder case against same managing director and his family members.
Filing of several false cases against members of a family of top corporate body has also sparked a sensation and criticism at home and abroad. She seems to have filed the case to save Sharun.
Earlier, the lower court concerned suspended proceedings of the murder case pending decision of the investigation held by the police. Although police submitted final report and court dismissed the incitement case against the managing director, the murder case filed by victim’s brother accusing Sharun did not proceed for mysterious reasons. Rather, Nusrat Jahan filed another case bringing murder charge against the managing director and his family members purporting to save Sharun.
Legal experts opined that the case filed by Mosarat Jahan Munia’s brother accusing Nazmul Karim Chowdhury Sharun of committing the murder should have proceeded after rejection of the incitement case.
It is apparent that an anti-state quarter is very much active to save whip’s son Nazmul Karim Chowdhury Sharun, one of the masterminds of August 21 grenade attack on Awami League rally. They are spreading social media campaign to save Sharun and shift the blame to someone else. The group is plotting a deep-rooted conspiracy to put the government in an awkward situation. Munia’s sister Nusrat Jahan is a hand in glove.
On April 26, police recovered body of college girl Munia hanging from the ceiling in rented flat in Gulshan. Her sister Nusrat Jahan filed a case with Gulshan police station accusing Bashundhara Group Managing Director Sayem Sobhan Anvir of inciting the suicide. After thorough investigation, police submitted final report to the Dhaka court on July 19. Police said allegation against Bashundhara Managing Director was not proved.
Dhaka Metropolitan Magistrate Rajesh Chowdhury in an order on August 15 accepting the final report submitted by police and exonerated Sayem Sobhan Anvir from the case.
Noted lawyers and jurists said several cases may be filed over an incident but second should put into action after rejection of first case. Third case cannot be entertained before investigation into and disposal off the second case.
Besides, a particular person cannot be sued twice over the same incident, they opined.
Talking to the press, Metropolitan Public Prosecutor Abdullah Abu said “The third case filed by Nusrat Jahan is unlawful. She had right to submit naraji petition (no confidence petition which she actually filed) but she cannot file another case over the issue. It is unprecedented.”
Before investigation into and settlement of the second case filed by victim’s brother, the third case cannot be entertained, he said, adding that the third case should be rejected.
Echoing the foregoing view, senior lawyer Arfan Uddin Khan of Dhaka court said Nusrat Jahan has made a new record in the country’s legal history by filing murder case after rejection her incitement case.
“The murder case filed by victim’s brother cannot be suspended. Munia’s suicide was medically proved. Earlier, police submitted final report saying that incitement allegation against the accused was not proved. The Police Bureau of Investigation is supposed to get the same findings,” he said.
Quoting the provision of Article 35 (2) of the Constitution, legal experts said a person cannot be prosecuted twice for the same incident. Section 403 of the Code of Criminal Procedure (CrPC) also provides that if any person is convicted or acquitted by the court in relation to a case, s/he cannot be sued or tried for the same matter.
On May 2, Munia’s elder brother filed case with Dhaka Chief Metropolitan Magistrate Court alleging that Sharun had some misunderstanding with Bashundhara Group’s managing director for business purposes. He wanted Munia to collect information on Bashundhara MD but she refused to serve his evil purpose. Being infuriated, Sharun along with his cohorts killed Munia .
Sharun abused Munia and he is engaged in dirty game even after killing her, he added.