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The convict cannot be taken to the condemned cell before the final verdict in the Appellate Division

Monday, 13 May 2024 | 10:01 am | 33 times

The convict cannot be taken to the condemned cell before the final verdict in the Appellate Division

The court has ruled that no convict can be taken to the condemned cell before the death sentence is finalised. On Monday, Justice Sheikh Hasan Arif and Justice Md. Bazlur Rahman’s High Court bench gave the verdict.

In the hearing of the rule, the court took the expert opinion of senior advocate Prabir Niyogi and SM Shahjahan. Attorney General A. M. Amin Uddin conducted the hearing for the state. Mohammad Shishir Monir appeared for the petitioners. After the hearing of the rule, the judgment was kept pending on December 12 last year.

Three inmates of Chittagong, Sylhet and Comilla prisons filed a petition in the High Court on September 2, 2021, challenging the validity of keeping convicts or convicts in condom cells before the finalization of the death sentence. They are – Zillur Rahman of Satkania, Abdul Bashir of Sunamganj and Shah Alam of Khagrachari. After hearing the writ, the High Court issued a ruling on April 5, 2022.

 

The ruling sought to know why the detention of convicts in condom cells before the finalization of death sentence should not be declared unlawful and why Section 980 of the Penal Code should not be declared unconstitutional regarding the detention of death row convicts in condom cells. Also, the court wants a report on what kind of facilities are given to the prisoners kept in the condom cells.

According to Section 374 of the Criminal Procedure Code, the approval of the High Court Division is required to execute the death penalty. According to Section 410 of the Criminal Procedure Code, a person sentenced to death can appeal to the High Court against the judgment of the trial court. If the High Court Division upholds the death sentence, the convicted person can appeal to the Appellate Division.

If the death penalty is upheld even in the judgment of the Appellate Division, there is an opportunity to apply for a review (reconsideration) against the judgment of the Appellate Division according to Article 105 of the Constitution. Apart from this, according to Article 49 of the Constitution, a death-sentenced accused can seek pardon from the President. If the president rejects the pardon application or if the convict does not apply, the government can execute the death penalty. But immediately after the death sentence in the judicial court, the sentenced person is kept in the condemned cell.

The petitioner lawyer Mohammad Shishir Monir said that there is no legal provision to execute the sentence immediately after the death sentence is pronounced in the judicial court. For this, according to Section 374 of the Code of Criminal Procedure, the approval of the High Court Division is required.

He also said that according to Article 105 of the Constitution, there is scope for review application against the judgment of the appeal. It takes 10-12 years to complete these processes. But after the death sentence was announced in the Bangladesh judicial court, the sentenced person was kept in a solitary condom cell. However, the sentence of many was later reduced. Many are acquitted. The ruling was awaited at the end of the ruling.


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