The Appellate Division on Wednesday stayed till August 25 the High Court order that had asked the jail authorities not to keep the convicts in condemned cells before disposal of all appeal petitions.
Chamber Judge of the Appellate Division Justice M Enayetur Rahim passed the order following a petition filed by the state counsel.
Advocate Mohammad Sishir Monir stood for the petitioner while Attorney General AM Amin Uddin represented the state.
The High Court on Monday 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.
“No convict will be termed as death-row convict before the verdict is finalised. The final judgment means completion of all judicial and administrative processes including those at High Court, Appellate Division and review petition and mercy petition from the President,” the High Court said in its order, said Advocate Sishir Munir.
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.
The HC also asked the jail authorities to provide details of death-row convicts to the reporters and researchers if they submit 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 Tuesday, a petition was filed with the Appellate Division of the Supreme Court seeking a stay on the effectiveness of a High Court (HC) order.
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 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.
