The High Court on Tuesday issued a rule asking the government to explain why the confinement of death-row convicts in death cells or condemned cells before attaining finality of their sentence by the judicial and administrative forums shall not be declared illegal.
It also wanted an explanation of why Rule 980 of the Bangladesh Jail Code relating to the confinement of death-row inmates in condemned cells should not be declared unconstitutional.
Secretary of the Security Services Division of the Home Ministry, Secretary of the Law and Justice Division of the Law Ministry, Inspector General of Police, Inspector General of Prisons, and Senior Jail Supers of Chattogram Central Jail, Sylhet Central Jail and Cumilla Central Jail have been asked to comply with the rule in four weeks.
The High Court bench of Justice Md Mozibur Rahman Miah and Justice Ahmed Sohel passed the order after hearing a writ petition filed by three death convicts who are now in condemned cells in different jails.
The court also asked the Inspector General of Prisons to submit a report in the court within six months stating the facilities available for the convicts confined in the condemned cells across the country.
Lawyer Mohammad Shishir Manir appeared in the court on behalf of the writ petitioners, while Deputy Attorney General Bepul Bagmar represented the state.
Shishir Monir later said "One accused is taken to the condemned cell directly soon after he has given death sentence by a trial court. However, it takes six to 14 years more to finally dispose of the case in the High Court and the Appellate Division, while keeping the convict in the condemned cell.”
“In this circumstance, we challenged Rule 980 of the Jail Code that relates to the confinement of death row inmates in condemned cells. The court has directed the Inspector General of Prisons to submit a report within six months on the facilities provided to the prisoners in the condemned cell,” added the lawyer.
Three death row convicts, Zillur Rahman from Chattogram Central Jail, Md Abdul Basir from Sylhet Central Jail, and Md Shah Alam from Cumilla Central Jail, filed the writ petition in September last year challenging the legality of the actions of keeping them in the condemned cells.
The convicts’ appeal petitions against their death sentences and death references are now pending before the High Court, said the lawyer.
“Three benches of the High Court are dealing with the death references sent for confirmation in 2015 and 2016. The death sentences pronounced this (2021) year by the trial court will be heard in 2026 according to the current ratio of disposal,” according to the writ petition.