The High Court on Monday declared the practice of keeping convicts in the condemned cell before the disposal of the petitions illegal.
The HC bench of Justice Sheikh Hassan Arif and Justice Md Bazlur Rahman passed the order after hearing a writ petition.
Advocate Shishir Monir stood for the petitioner, while attorney general Amin Uddin and deputy attorney general Amit Talukdar represented the state.

“No convict will be termed a death-row convict before the verdict is finalised. The final judgement means the completion of all judicial and administrative processes, including those at the High Court, Appellate Division, and review petitions and mercy petitions from the President,” said Advocate Sishir Munir.
A convict who was sentenced to death can be kept in the condemned cell if his or her mercy petition is rejected by the president, he said.
“Before that, no one can be kept in the condemned cell,” he added.

However, in exceptional cases, for various reasons, including physical problems, infectious diseases, and sexual diseases, a death row convict can be kept in a separate cell, he added.
During the hearing, the High Court informed that the government is going to form a new jail code and a new prison act.
The HC also asked the jail authorities to provide
details of death-row convicts to reporters and researchers if they submit applications seeking information under the Right to Information Act.
The HC also asked the authorities concerned to publish the annual report on the death-row convicts on the Supreme Court websites.

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 finalisation 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 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 in the condemned cell.