Execution can`t be executed before final verdict: Appellate Division
Published: 03:33 PM, 7 November 2021 Updated: 04:14 PM, 7 November 2021
Execution can`t be executed before final verdict
The Appellate Division has asked the Attorney General to speak to the Inspector General of Prisons so that the death sentence of any accused is not executed before a final verdict is obtained.
Chief Justice Syed Mahmud Hossain came up with the directive on Sunday.
He gave this instruction when his lawyer drew the attention of the court that the execution of one accused was going on before the full verdict was announced by the Supreme Court.
Citing a lawyer last week, some media outlets reported that two people had been executed four years ago before the final verdict of the appellate division. Among criticizing over the news, Law Minister Anisul Huq told reporters on Thursday that the news was "not correct". There was no violation of law in execution.
When the Appellate Division started its proceedings on Sunday, lawyer Yusuf Hossain Humayun mentioned a case. The Chief Justice said, what is being criticized about the execution of hanging!. We have brought it in the list to hear the case of 2006. After the cases of 2006, 2007 and 2008, we almost finished the cases of 2015. Now it can be seen that there is something left in 2013.
Lawyer Helal Uddin Mollah alleged that the execution had been initiated before the full verdict of his client was announced. He is being taken to be hanged due to advance order. But so far the full verdict of the Appellate Division has not come out. A review will be requested, I am seeking the intervention of the court so that the execution is not given before that.
The verdict was handed down on August 16, the lawyer said, adding that three convicts were sentenced to life imprisonment and one to death.
The Chief Justice wanted to know at this time whether the accused had applied for review. Lawyer Helal Uddin Mollah then said that he did not get the power of attorney. It now takes 10 days to get the authority to act through DC. Defendant's plea for advance order has been rejected. The verdict has not been signed yet.
Justice Hasan Fayez Siddiqui then said that advance orders have been issued for those who have been sentenced to life imprisonment so that they can be taken from the condom cell to the general jail cell. The verdict of the Appellate Division has not been signed yet.
Lawyer Helal Uddin Mollah said the order went to the Kushtia Judicial Court. From there, a death warrant has been sent to Kashimpur Jail to execute the sentence.
The Chief Justice said at the time that it would be done before getting the full verdict (punishment is not effective). He later told Attorney General AM Amin Uddin, "You will tell the IG Prisons before getting the full verdict so that the sentence is not enforced."
At the same time, the Chief Justice asked the defense counsel to submit an application (for review application) to the Chamber Judge.
At this stage, Justice Mohammad Iman Ali said, in general, one thing can be said to the IG prison. The verdict is not final before everyone's final signature. Attorney General AM Amin Uddin said, I am telling the secretary, I will tell him too.
The case was filed in March 2004 on charges of raping and killing a teenager in Daulatpur, Kushtia. Following the trial, the Kushtia Women and Child Abuse Suppression Tribunal sentenced five people to death on February 4, 2009.
The five accused are Shukur Ali son of Khair Ali of Lalnagar village in Daulatpur upazila of Kushtia, Kamu alias Kamrul son of Abdul Gani, Nuruddin Sentu son of Pijab Uddin, Ajanur Rahman son of Abu Taleb and Mamun Hossain son of Sirajul Pramanik.
After death reference and appeal hearing, the High Court upheld the death sentence of the accused. The accused appealed against the verdict of the High Court. Last Wednesday, the Appellate Division upheld the death sentence of Shukur Ali.
The other three accused Nuruddin Sentu, Ajanur Rahman and Mamun Hossain were sentenced to life imprisonment. The Supreme Court also ordered to transfer them from the condom cell to the general cell.