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An appeal has been filed in the High Court to obtain the acquittal of his wife and sentenced to death Ayesha Siddique Minni in the notorious Rifat Sharif murder case in Barguna. On Tuesday (October 6), Minni’s lawyer, Makkia Fatema Islam, filed the petition in the relevant branch of the High Court.
Minni’s sentence has been vacated and acquitted. Lawyer Makkia Fatema Islam argued that Minni could be acquitted. The petition reads: “She (Minni) has repeatedly tried to save her husband Rifat from attacks by malefactors. But the court ruled that Minni did not try to save Rifat. But even though all this is clear, the court will he shocked with Minni’s death sentence. So this verdict is null. “
Minni’s application to the High Court indicated that the lower court’s ruling was “presumptive and null.” Minni has even been acquitted on 21 arguments, including questioning the trial and sentencing process.
Lawyer Makkia Fatema Islam told reporters: “Today I have filed an appeal in this case. The application has a total of 451 pages. In the lawsuit, I highlighted the inconsistencies in the Judicial Court ruling. I have also presented a total of 21 arguments in favor of acquittal.
On October 4, her father Mozammel Hossain Kishore came to the room of lawyer ZI Khan Panna in the High Court with a copy of the power of attorney signed by Minni and the sealed copy of the verdict in the case.
Regarding the appeal, Minni’s lawyer, lawyer ZI Khan Panna, told reporters: “The appeal hearing in the High Court will start as soon as possible.” We will also try to hear the matter. As a lawyer, I am hopeful that justice will be established in light of the law and that Minni will be acquitted.
The arguments for Minni’s acquittal are as follows:
The verdict announced in the Barguna Court of Sessions on September 30 has set a bad precedent considering the law, the facts and the circumstances.
>> Initially, the appellant (Minni) was a witness in this case. He was later charged in the case. He was in police custody for five days. The trial court recorded his confessional statement in “vaporous style” in the middle of pretrial detention. So the verdict is null.
>> 65 witnesses were kept on the charge sheet of the case. Witnesses 8, 13, 14, and 16 claimed to be eyewitnesses, but their evidence was biased. So that verdict is null.
>> Minni was an important and reliable witness in this case. But the investigator of the case convicted him as a criminal and rendered the verdict, which is null and void.
>> The investigator of the case investigated the case opaquely and presented the charge sheet of the case without any legal basis, which is not reliable at all.
>> The Barguna Sessions Court of Justice brought charges against Minni without regard to the charges brought against him. Here article 342 of the Code of Criminal Procedure was not followed correctly. Which has seriously damaged him.
>> Minni did not have an adequate opportunity to defend herself in this case due to lack of proper enforcement of the law.
>> At the time of filing the case, the plaintiff (Rifat’s father) reported that Minni took Rifat to Barguna General Hospital in a rickshaw and admitted Minni as the sole witness. But then, after the investigation of the case, Minni was convicted and sentenced, which made Minni a victim of the situation.
>> The Court (Barguna) has issued this verdict considering suspicion, oral evidence and other circumstantial considerations, which is null and void.
>> In that incident, it is clear from the information from the closed circuit camera (CC) that she has repeatedly tried to save her husband Rifat from the hands of the attackers. But the court ruled that Minni did not try to save Rifat. But even though all of this was clear, the court was excited and announced the verdict to punish Minni. Therefore, this verdict is void.
>> Minni’s conviction is based on guesswork and guesswork. The questioning of witnesses in this case was not considered. As a result, the verdict of the court that convicted Minni was a wrong decision.
>> Prosecutors were unable to prove the allegations against Minni.
>> From any point of view, the verdict is invalid as the question of Minni’s sentencing by the judicial court is not reliable.
>> The appellant has been sentenced in a ridiculous and unreasonable way.
>> State witnesses have exaggerated in this case to achieve the interests of the State.
>> The judge considered nothing else in this case except to convict the appellant.
>> Since article 302 of the Penal Code has not been established, the appellant will be acquitted in this case.
>> From time to time, the case has been condemned depending on the witnesses involved, but those witnesses were not credible.
>> The witnesses were not at all reliable as they gave different statements to the police or the magistrate.
>> The trial of this case has been carried out following an unacceptable procedure.
>> From any point of view, the prosecution has undoubtedly been unable to prove the allegations in the case, depending on the facts of the case, the circumstances, the evidence. Therefore, Minni deserves to be acquitted in this case.
In early September 30, the court sentenced seven defendants, including Minni, to death and acquitted four others in the Rifat murder case. Barguna District Judge and Sessions. Ashaduzzaman gave the verdict. Minni then appealed to Superior Court on Tuesday (October 6) seeking his release.
On June 26, 2019, Rifat Sharif was attacked and publicly wounded by Nayan Bond and his followers on the road in front of Barguna Government College. When a video of the incident went viral on social media, it caused a stir across the country. Then, on July 2 of the same year, the main defendant in the case, Nayan Bond, was killed in a crossfire.
Later, Minni was included as the main witness in the Rifat murder case. Although the High Court granted Minni bail in the case, he was sent to jail after the death sentence was announced in court.
FH / FR / MKH
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