The Appellate Division on Wednesday upheld the death penalty of two convicts in the Jatiya Samajtantrik Dal (JSD) leader Kazi Aref Ahmed murder case overturning review petitions filed by them.
A four-member bench of the Appellate Division of the Supreme Court, led by Chief Justice M Muzammel Hossain, passed the order.
Lawyers said now there is no legal bar towards executing the two, Anwar Hossain and Rashedul Islam Jhontu, who were condemned to death for the murder of the JSD leader in Kushtia in 1999.Additional Attorney General (AAG) Mamtaz Uddin Fakir appeared for the state while Khandaker Mahbub Hossain for the defence.
According to the prosecution, JSD founder president Kazi Aref and four other leaders were shot dead by a gang of outlaws in a public rally at Kalidashpur in Doulatpur upazila, Kushtia on February 16, 1999.
The four other JSD leaders were JSD Kushtia unit president Lokman Hossain, general secretary Yakub Ali, its general secretary Yakub Ali and two local JSD leaders — Israil Hossain and Shamsher Mondal.
On August 30, 2004, a Kushtia court had sentenced 10 people to death, while 12 others to life term imprisonment for the killing, and acquitted another three accused.
The High Court on August 5, 2008 acquitted a condemned convict and 12 lifers following petitions filed by the convicts.
Later, the state filed a leave-to-appeal petition challenging the acquittal of the convicts while three condemned convicts –- Rashedul Islam Jhontu, Anwar Hossain and Ilias Hossain alias Elas — who were behind the bars also filed leave-to appeal petitions.
The six other condemned convicts in the case are on the run.
On August 7, 2011, the Appellate Division upheld the HC order rejecting their petitions.
Later, Anwar Hossain and Rashedul Islam Jhontu again filed two review petitions challenging the verdict. – UNB
