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The Appeals Chamber of the Supreme Court will give its verdict on December 1 on how many years the convict should be sentenced to life imprisonment. The Appeals Division headed by Chief Justice Syed Mahmud Hossain approved the order on Tuesday.
The country’s common law on life imprisonment is the same, but the country’s highest court, the Appellate Division, has ruled in two ways. As a result, prison authorities and convicted defendants are confused about this. Life imprisonment means the death penalty, or 30 years in prison, or any other decision, will be known through this verdict.
The appeals division yesterday ordered the hearing of a petition for review to set a date for the verdict. Attorneys Khandaker Mahbub Hossain and Mohammad Shishir Monir represented the defendant at the hearing. Attorney General AM Amin Uddin and Deputy Attorney General Biswajit Debnath represented the state.
In 2001, a man named Zaman was shot and killed in Savar. A court of first instance sentenced all three to death in 2003. Following appeal to the High Court, the judgment of the Judicial Court remains in force. After an appeal, the Supreme Court commuted the death sentences of the defendants on February 14, 2016 and sentenced them to death. The full 92-page verdict in the case was posted on the Supreme Court’s website on April 24 of that year. The verdict said that life imprisonment means the death penalty. The judgment further stated that if the Superior Court Division or this Court (Appeals Division) commuted the death penalty to life imprisonment and ordered the accused to serve the sentence until natural death, the request for commutation of the sentence in that case. After receiving a copy of the court’s verdict, the Secretary of the Interior and the Inspector General of Prisons were asked to take the necessary action in the case of other life sentences. Later that year, Ataur Rahman Mridha, the defendant in the Zaman murder case, reviewed the Appeals Division’s judgment for reconsideration.
During the hearing on the review appeal, the Appeals Division also found four senior Supreme Court attorneys, former Attorney General AF Hassan Arif, criminal defense attorney Abdur Rezak Khan, former President of the Bar Association of the Supreme Court Barristin Rokadun and Amikas Currie (friend of the court). The current president listened to the arguments of the lawyer AM Amin Uddin. It was ordered to await the verdict (CAV) any day after the end of the hearing on July 11 of last year. Yesterday, the Appeals Division set the date for the hearing on the request for review.
According to the information received, under article 57 of the Bangladesh Penal Code, article 35 (a) of the Code of Criminal Procedure and article 59 of the Code of Conduct, the life sentence will be 30 years. At the end of the bonus it stands at 22 and a half years.
Rokeya Begum was sentenced to life in prison by the lower court and the higher court in the murder case of Surya Begum on April 3, 2013. The Appeals Division, headed by Judge Nazmun Ara Sultana, ruled that life in prison means 22 years and a half in prison (19 BLC, p. 204). The appeals division, headed by former Chief Justice Surendra Kumar Sinha, confirmed the death sentence of Ataur Rahman, convicted in the murder case of Savar Zaman, and sentenced him to life imprisonment on February 14, 2016. The verdict said life imprisonment means death penalty.
India has enacted a law that establishes the death penalty as life imprisonment. If changes are to be made, as in India, it may be necessary to amend articles 35 (a), 401 and 402 of the Criminal Procedure Code and article 55 of the Penal Code and article 59 of the Penal Code.
Lawyers say the Appeals Division, headed by Chief Justice Syed Mahmud Hossain, will deliver a new verdict on the petition for review filed by the defendants, including Ataur Rahman, in the Zaman murder case. They think this verdict will end the confusion.
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