One year on, death reference pending in Asiya rape and murder case
More than a year after a trial court handed down a death sentence in the rape and murder case of eight-year-old Asiya in Magura, the mandatory death reference remains pending before the High Court, delaying the execution of the verdict despite a swift trial.
On May 17 last year, Judge M Zahid Hasan of the Magura Women and Children Repression Prevention Tribunal sentenced convict Hitu Sheikh to death for the rape and murder of the child.
For all latest news, follow The Daily Star's Google News channel. As the case remains stuck in the High Court's death reference process, legal experts and observers are now calling for the formation of a separate bench to expedite hearings in such sensitive cases.
Asiya was raped on March 6 last year while visiting her sister's in-laws' house in Nijnanduali village of Magura Sadar. Critically injured, she was first taken to hospitals in Magura and Faridpur. As her condition worsened, she was shifted to Dhaka Medical College Hospital and later to the Combined Military Hospital (CMH) in Dhaka.
She died on March 13 while undergoing treatment.
The incident triggered nationwide outrage. Social media platforms, streets, and public spaces across the country were flooded with protests, grief, and demands for justice. Over time, however, public attention gradually faded.
The tribunal sentenced Hitu Sheikh to death on May 17 last year, and the death reference was sent to the High Court four days later. Although a year has passed since both the verdict and the submission of the death reference, there has been no significant progress in the case.
It also remains uncertain when the sentence will ultimately be carried out.
The trial itself was completed in just 14 working days, making it one of the fastest-concluded high-profile child rape and murder cases in recent years.
Despite receiving a death sentence, Hitu has remained in prison for more than a year while the legal process continues. Asiya's family is still waiting for justice to be fully served.
Expressing her anguish, Asiya's mother Ayesha Khatun said, "People across the country protested and demanded justice, but Hitu's punishment has still not been carried out. My daughter is gone forever. What have I gained from all this?"
Senior Supreme Court lawyer Kazi Jahed Iqbal said a large number of death penalty cases remain pending before the High Court.
“Death reference cases are generally heard according to their order of filing. Older cases are heard first, while newer ones wait their turn. At present, there is a backlog of approximately four to five years,” he said.
Advocate Monirul Islam Mukul, public prosecutor of the Magura Women and Children Repression Prevention Tribunal, said separate benches should be formed to expedite the disposal of child rape and murder cases.
Kazi Jahed Iqbal also suggested that the chief justice could constitute a dedicated bench for hearing such sensitive cases, or the prosecution could seek priority consideration from the court.
"These cases carry immense social significance. Speedy disposal would send a strong message that those involved in such heinous crimes will face prompt justice and punishment," he said.
Magura Deputy Commissioner Motakabbir Ahmed said the tribunal had already delivered its verdict and that the matter is now entirely under the jurisdiction of the High Court.
"The case is currently pending before the High Court. Until the court concludes its proceedings, there is nothing the district administration can do regarding the implementation of the sentence," he said.
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