Staff Reporter :
Chief Justice Syed Mahmud Hossain on Sunday has temporarily ceased the judicial power of judge Mosammat Kamrunnahar who recently gave an observation asking the police not to receive a rape allegation for record if the victim comes to the police station after 72 hours of the incident.
The Supreme Court under the direction of the Chief Justice sent a letter asking the law ministry to take necessary initiatives for withdrawing the judge from her present workplace and to attach with the law and justice department of the ministry after suspending her judicial power. The Chief Justice gave the direction after consultation with the senior judges of the Appellate Division of the Supreme Court, said a press statement issued by Mohammad Saifur Rahman, spokesperson of the Supreme Court.
The Chief Justice also directed Mosammat Kamrunnahar who was the judge of the Women and Children Repression Prevention Tribunal-7 in Dhaka not to sit in the courtroom for judicial work since 9:30 am on Sunday.
In a verdict delivered on Nov 11 the judge acquitted all five accused from the charges of a rape case filed with Banani Police Station.
In an observation of the verdict the judge asked the police not to register a rape allegation for record if a victim comes to the police station after 72 hours of the incident.
The lawyers and rights activists raised question about the observation of the judge. Different social and political organizations also protested the observation saying that such an observation of a court is contrary to the justice and the Constitution of the country.
In this circumstances, the law minister Anisul Huq was met by journalists on Saturday. On the Supreme Court Bar Association (SCBA) premises the law minister said, judge Kamrunnahar’s observation asking the police not to receive a rape allegation for record if a victim comes to the police station after 72 hours of the incident is illegal and unconstitutional.
I will write a letter to the chief justice for taking initiatives alert her (the judge) judicial power, also said the minister.
A Dhaka university student filed the case with Banani Police Station accusing five on May 6 in 2017.
According to the case statement, two young men raped the complainant and another university student on March 28 in 2017 at a birthday party at the Raintree hotel in Banani while three others assisted them.
The tribunal acquitted all five accused from the charges of the case. The five accused are Shafat Ahmed, son of Dildar Hossain Selim, owner of Apan Jewellers, Shafat’s friends Shadman Sakif and Nayeem Ashraf alias Halim, driver Billal Hossain and bodyguard Rahmat Ali.
In the observation of the verdict the tribunal asked the police not to receive a rape allegation for record if a victim comes to the police station after 72 hours of the incident as semen cannot be traced after 72 hours.
The judge, in her verdict, said the prosecution has failed to prove the charges brought against the accused and they are acquitted.
The court observed that although there was found sign of a physical relationship, no signs of forced rape were found. The two complainants voluntarily went to bed with the accused.
