The High Court (HC) today (May 13) ruled that a death row convict cannot be kept in the condemned cell before disposal of judicial and administrative procedure.

Justice Sheikh Hasan Arif and Justice Md. Bazlur Rahman's of High Court bench announced the verdict.

At the same time judges ordered the jail authorities to move such convicts from condemned cells to ordinary cells within the next two years.

During hearing of the rule, HC took opinion of senior advocate Prabir Niyogi and SM Shahjahan.

Attorney General AM Amin Uddin and Deputy Attorney General Amit Talukder represented the state during the hearing on the petition.

On April 5, 2022, HC issued a rule asking the government to explain why regulation 980 of Bangladesh Jail Code, which says such convicts must be kept in condemned cells, should not be declared unconstitutional.

Lawyer Mohammad Shishir Manir, filed the petition. 

In the petition Manir quoting a statement by inspector general of prison's office said a total of 1,987 death row convicts, including 1,933 males and 54 females, were in condemned cells at prisons across the country till September 20, 2021.

These convicts are living in inhumane conditions which are contradictory to article 35(5) of the constitution, the lawyer added.

Shishir Monir further said, the court in its judgment said - firstly, a person cannot be called a death-row convict and he cannot be kept in death (condem) cell before the death sentence is final. 

“Only after the judicial process (death reference, appeal and review) and administrative process (appeal to the President for clemency) can a convict be kept on condemned cell,” said Manir.

Secondly, a hearing must be conducted before a person is placed in solitary confinement for illness or special reasons, he said.

The state said a new jail code is being framed. The new law named as the Prison Act, in reply to which HC said, the authorities should consider the judgment in the new law.

BDST: 1744 HRS, MAY 13, 2024
MSK/SMS