Fate of death row convicts hangs in balance
Large number of cases pending with High Court
Muhammad Yeasin
As many as 998 convicts are languishing in condemned cells across the country because hundreds of death reference cases are awaiting disposal by the High Court.
HC sources said 407 death reference cases, including one dating back to 2005, were pending before the court as on December 1.
The HC usually disposes of death reference cases serially year by year. As per the system, the court has disposed of all death reference cases of 2009, except two, and all but 18 cases of 2010.
The pending case of 2005 relates to the killing of Awami League lawmaker Ahsanullah Master. On April 16, 2005, a Dhaka court had sentenced 22 people to death for shooting dead the AL leader at a rally of the Swechchhasebak League in Tongi in 2004. Since then the case has been pending before the HC. The case had been mentioned in the cause list of the HC for hearing several times, but more than two benches of the court felt embarrassed during the hearing. Hence, the case is yet to be disposed of, an HC official said on condition of anonymity.
According to sources, the authorities have started working on completing paper books of all pending cases of 2011 and 2012. A paper book contains all documents relating to the proceedings and conviction by trial courts, and it needs to be submitted prior to referring a case to the HC, sources said. After completion of the necessary work, the Chief Justice assigns a HC bench for disposal of the matter.
Considering the immense suffering of prisoners convicted by trial courts, the Chief Justice had assigned four HC benches to expedite the trial proceedings of death references cases, a senior official in the registrars office told The Independent.
According to the sources, 117 death-row convicts had filed appeals before the HC against their death penalties in 2011, while 100 and 315 condemned convicts had moved the court seeking acquittal orders in 2012 and 2013, respectively. As many as 205 convicts had filed appeals against their death penalties in 2014, while the same number of appellants had moved the HC in 2015, the sources added.
Among the death references, the High Court is trying to expedite hearing on three sensational murder cases---- Sylhets Samiul Alam Rajan murder case, Khulnas Rakib Hawalder murder case and police officer Mahfuzur Rahman and his wife murder case.
According to the HC sources, the paper book of the murder cases of two minorsSylhets Samiul Alam Rajan and Khulnas Rakib Hawalder---- have already completed in the meantime while the other will be completed very soon.
The paper books of cases, forwarded for death reference hearings, contains all the documentsthe case details, the charge sheet, the seizure list, witnesses testimonies and cross examinations as well the verdict of the trial court. After getting the paper books, the HC started the hearing on the death references.
On July 8 this year, 13-year-old Rajan was beaten to death at Sylhets Kumargaon on allegations of theft. In its verdict, the court ordered death for four and sentenced five others to various terms in prison, including a life sentence for one.
Two persons were sentenced to death by the trial court for the August 3 murder of 12-year-old Rakib Hawlader in Khulna.
On November 12 this year, a Dhaka court found Oishee Rahman guilty of murdering her father, police inspector Mahfuzur Rahman, and mother Swapna Rahman in 2013. She was sentenced to death.
The National Human Rights Commission (NHRC) chairman, Mizanur Rahman, said long delays in disposal of cases violated human rights. A large number of prisoners convicted by trial courts are suffering mentally due to uncertainty over their fate. The cases should be taken care of as quickly as possible, so that litigants get justice in time, he added.
