DETENTION IN CONDEMNED CELL
SC stays HC order till 25 Aug
UNB, Dhaka
Published: 16 May 2024
The Appellate Division of the Supreme Court on Wednesday stayed till 25 August the High Court order that had asked the jail authorities to no to keep the convicts in condemned cell before disposal of all appeal petitions.
Chamber Judge of the Appellate Division Justice M Enayetur Rahim passed the order following a petition filed by the state counsel.
Advocate Mohammad Sishir Monir stood for the petitioner while Attorney General AM Amin Uddin represented the state.
The High Court on Monday declared illegal the practice of keeping convicts in the condemned cell before the disposal of the petitions.
The HC bench of Justice Sheikh Hassan Arif and Justice Md Bazlur Rahman passed the order after hearing a writ petition.
“No convict will be termed as death-row convict before the verdict is finalised. The final judgment means completion of all judicial and administrative process including those at High Court, Appellate Division and review petition and mercy petition from the President,” the High Court said in its order, said Advocate Sishir Munir.
On Tuesday, a petition was filed with the Appellate Division of the Supreme Court seeking a stay on the effectiveness of a High Court (HC) order.
On 2 September 2021, a writ petition was filed with the High Court challenging the legality of keeping death-row convicts in the condemned cell before the finalization of the death sentence verdict.
Three prisoners – Zillur Rahman of Chattogram’s Satkania, Abdul Bashir of Sylhet’s Sunamganj and Shah Alam of Khagrachari – filed the writ petition.
On 5 April 2022, the High Court issued a rule asking the government to explain as to why keeping the death-row convicts in the condemned cell before finalisation of the death sentence should not be declared unlawful and unconstitutional.
It also asked to submit a report of the facilities provided to the convicts at condemned cell.