Death sentence overturned : Sylhet woman acquitted in husband’s murder case

Fatiha Mashkura, 51, was acquitted today by the Appellate Division of the Supreme Court in a case filed over the 2015 killing of her husband, Ibrahim Abu Khalil Al Hafiz, in Sylhet. She had spent the past 11 years in prison.

Earlier on January 31, 2022, the High Court confirmed her death penalty, handed down by a trial court.

Today, a four-member bench of the Appellate Division headed by Chief Justice Zubayer Rahman Chowdhury scrapped the High Court verdict and acquitted Fatiha, clearing the way to her release from Dhaka central jail.

The apex court bench delivered the judgement after allowing her appeal challenging the High Court verdict.

Fatiha’s lawyer SM Shahjahan told reporters that his client is now receiving treatment at a hospital in Dhaka under the prison authorities.

The Appellate Division will issue an advance order as soon as possible for the release of Fatiha from the jail custody and she will get released after the jail authorities receive the order, he said.

Shahjahan said the Appellate Division acquitted Fatiha considering there was no eyewitness in the case and the confessional statement made by her about her involvement in the incident of killing was not voluntary.

Besides, the police had recorded her statement on audio after arresting her before producing her before the magistrate concerned, which is not acceptable under the law, the lawyer added.

Additional Attorney General Aneek R Haque represented the state during the hearing on the appeal.

Fatiha’s husband Ibrahim was killed in his house at Dhopadighi area in Sylhet on May 18, 2015, following a family dispute. She was arrested by the police the same day in connection with the incident, according to the case statement.

A Sylhet court on June 6, 2016 convicted Fatiha and sentenced her to death in the case. Since then, she has been in a condemned cell of the jail.

Fatiha then filed a regular appeal through lawyer and a jail appeal through jail authorities with the High Court seeking acquittal of the charges of the case.

The High Court on January 31, 2022 accepted the death reference (trial court documents) of the case, dismissing the appeals of Fatiha and confirmed her death penalty in the case.

Later on, she filed the appeal with the Appellate Division challenging the High Court judgement.