Three cases have been filed so far in connection with the death of MosaratJahanMunia in the capital's Gulshan. But, with the third case, filed by her elder sister Nusrat, there has been a violation of law, say lawyers.
After the first case was dismissed, the second case was sidelined and the investigation of the third case has started, the lawyers said, adding that there was a serious violation of the law.
They also think that the same allegation of the same plaintiff around an incident, as of losing the case of suicidal incitement and filing a murder case is unprecedented.
According to senior lawyers of the High Court, there could be more than one case in the same case. But there are some rules. Usually, the second case can be started once the first case is completed. If the first case is proved again, there is no chance to activate the second case. In this case, since the evidence of the plaintiff's allegation was not found in the first case, it is necessary to go to the second case.
There is no chance to go to the third case without investigating the second case. Moreover, there is no opportunity to file multiple cases against the same person on the same issue.
It is learnt that after retrieving Munia's body on April 26, her elder sister Nusrat filed a case against Bashundhara Group Managing Director (MD) SayemSobhanAnvirwithGulshan Police Station alleging incitement to suicide.
After a thorough analysis and investigation of the autopsy report and other evidence, the police confirmed that there was no incitement to suicide. After a long four-month investigation, the police submitted the final investigation report of the case to the court on July 19. Following the hearing, the court accepted the investigation report on August 18.
At the same time, the court cleared SayemSobhanAnvirof thecharges in the case. It also rejected Nusrat's appeal against the final report of the police after analyzing the documents.
On the other hand, his brother Ashikur Rahman Sabuj filed a murder case on May 2 claiming that Munia was killed. He accused NazmulKarimChowdhurySharun, son of Whip ShamsulHaqueChowdhury in the case.
But as the first case was ongoing, the court ordered the suspension of the case. The green case is supposed to start normally after the first case is over.
But on September 6, the plaintiff Nusrat filed a case at the Dhaka Women and Child Abuse Suppression Tribunal alleging rape and murder, presenting the same incident differently.
The court directed the Police Bureau of Investigation (PBI) to investigate.
It has been alleged that an organized clique has become active in protecting the accused SharunChowdhury from the murder case filed by his elder brother Ashikur Rahman Sabuj in the case of Munia's death.
Legal experts also say that this has led to serious violations of the law.