The High Court witnessed a record number of death references, including those unresolved in past years, in 2018.
The number of death references stood at 711 last year, which is the highest in 15 years, local media reported citing sources in the relevant court.
Of the death references, only 83 were resolved in that year, the sources said. That means the High Court in 2019 got 628 death references, which remained unresolved in 2018.
In last nine years, between 43 and 145 death references were resolved, they added, reasoning that fewer number of cases heard in a year resulted in such backlog of death references.
Around 1500 people are now languishing in condemned cells across the the country. A person is sent to a condemned cell once he is sentenced to death in a case.
A death reference is the record of a death sentence which is sent to the High Court by a sessions judge for confirmation of the penalty, when the sentence may be increased, decreased, cancelled or upheld.
Former law minister Shafique Ahmed said it is a matter of concern that so many death references are pending with the High Court, and called for quick disposal of the death references.
"Hearing on a death reference has to be continued without any adjournment," he said, "and for that, it requires appointing more judges."
Deputy Attorney General Moniruzzaman Rubel said, "Prisoners live in throes of death in condemned cells. So, their references should be resolved soon."
"Three benches of the High Court Division bench are now engaged in disposing of death references and appeals."
The chief justice had increased the number of benches for hearing on such cases. With these benches are now pending even some death references and appeals dating back to 2013, according to him.
The deputy attorney general said there is no rule to hear cases serially. It is a longstanding custom. But, if the chief justice wants, he can permit hearing of any death reference any time.
Death references in some sensational cases were resolved in last few years but the rate of hearing ordinary death references is very poor.
Senior lawyer Khandker Mahbub Hossain, also a criminal law expert, said, "Lower courts randomly hand down death sentences, resulting in the backlog of death references in the High Court.
"Besides, there is lack of judges having expertise in criminal justice. Many judges do not want to hold hearing on death references.
Referring to former chief justice SK Sinha, he said hearing on death references in quite a number of cases was held on a priority basis during his time.
A delay in the hearing on a death reference only makes innocent people suffer, because they are likely to get acquittal after the hearing.
