A petition has been filed with the Appellate Division of the Supreme Court on Tuesday seeking a stay on the effectiveness of a High Court (HC) order that declared illegal the practice of keeping convicts in the condemned cell before the disposal of the petitions on Monday.
Attorney General AM Amin Uddin, who submitted the petition with the Appellate Division, said that they would submit an appeal challenging the HC order after getting a full text of the verdict.
He said a hearing on the petition seeking stay order will be held at the Chamber Judge Court of the Appellate Division tomorrow (Wednesday).
Earlier on Monday, the HC 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.
Advocate Shishir Monir stood for the petitioner while attorney general AM Amin Uddin and deputy attorney general Amit Talukdar represented the state.
“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,” said Advocate Shishir Monir.
A convict who was sentenced to death can be kept in the condemned cell if his/her mercy petition is rejected by the president, he said, adding before that no one can be kept in the condemned cell.
However, in exceptional cases for various reasons including for 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 new prison act.
The HC also asked the jail authorities to provide details of death-row convicts to the reporters and researchers if they submit an application 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 in the Supreme Court websites.
On September 2, 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 April 5, 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 the condemned cell.
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