The death of 19-year-old Mariam Khatun at NAM Bhaban in the capital has led to an abetment to suicide case against her husband, Satkhira-4 MP Gazi Nazrul Islam, his first wife Moksuda Begum and a relative.
The case centres on allegations by Mariam’s father and a handwritten note she left before her death.
In the note, Mariam wrote that she had “kept bowing” before someone because she had fallen for him. She also described entering a “battle” trusting someone, only to discover that the person was the “commander of the opposing side”.
Legally, however, the key question is whether her death was linked to any instigation, conspiracy or intentional assistance by the accused.
What constitutes abetment under the law?
Section 306 of the Penal Code, 1860, provides punishment for abetment of suicide.
Under the provision, anyone who abets the commission of suicide can face up to 10 years’ imprisonment and a fine.
Section 107 of the Penal Code is also relevant in determining what constitutes “abetment”.
It identifies three types of conduct: instigating a person to commit an act, engaging in a conspiracy for its commission, or intentionally aiding its commission.
Therefore, allegations of a quarrel, marital dispute or mistreatment alone do not automatically establish an offence under Section 306.
The investigation and trial would have to determine whether the alleged conduct amounted to abetment and whether it had a sufficient connection with the suicide.
What are the allegations in Gazi Nazrul’s case?
Mariam’s father SM Masum Billah filed the case, alleging that his daughter married Satkhira-4 MP Gazi Nazrul Islam, 75, in June this year.
Nazrul’s first wife Moksuda Begum also lived with the couple at their residence in NAM Bhaban.
In the case statement, Masum alleged that Nazrul and Moksuda had subjected Mariam to physical and mental torture since the marriage.
He said Mariam had informed family members about the alleged abuse over the phone on several occasions.
Mariam’s hanging body was recovered from the NAM Bhaban residence on 20 September.
Her father said in the case statement that a handwritten note was found on her bed. Police later said several notes written by Mariam had been recovered from her room.
Fazlul Karim, additional deputy commissioner of Tejgaon division police, said police had initially learnt that Mariam did not have a phone and was not allowed to use one.
After her body was recovered, police took Gazi Nazrul and his first wife into custody for questioning.
Previous convictions in Bangladesh
There are precedents in Bangladesh where accused persons have been convicted in cases involving abetment to suicide.
One notable case involved Rajshahi University student Wahida Sifat, who died at her in-laws’ home in 2015 under mysterious circumstances.
Her death was initially described as suicide, but a subsequent post-mortem examination indicated that she had been killed. Her husband and several others were later prosecuted.
In 2017, a trial court sentenced her husband, Md Asif, to 10 years’ rigorous imprisonment and fined him Tk10,000 under Section 306 of the Penal Code.
In default of payment, he was to serve an additional six months in prison. The other three accused were acquitted.
However, the High Court later set aside the trial court verdict and ordered a retrial. The Appellate Division subsequently granted Asif leave to appeal and bail.
Another widely discussed case involved Aritree Adhikari, a student of Viqarunnisa Noon School and College who died by suicide in 2018.
Two teachers were charged with abetment to suicide following her death. The case remained pending for years, with court reports noting that Section 306 of the Penal Code carries a maximum sentence of 10 years’ imprisonment.
About The Author
