Bangladesh News

Supreme Court (SC) registrar yesterday categorically said its letter, following a leave to appeal petition by one of the seven condemned Jama’atul Mujahideen Bangladesh (JMB) militants, has only stayed the particular militant’s execution.
As confusion arose whether the death sentences — handed for killing two Jhalakathi judges — on all of the seven JMB militants would be stayed after the SC letter, the SC registrar told The Daily Star yesterday that the petition of Iftekhar Hasan al Mamun will have no effect on the penalty on six other JMB men.

Meantime, the Jail Code says if the SC orders for postponing the death sentence on only the petitioner, the sentence of others getting death penalty in the same case will remain postponed.

Correction slip V of Section 991 of the Jail Code reads: “If sentences of death have been passed on more than one person in the same case, and if intimation is received from, or on behalf of only one or more but not all of them of an intention to apply for leave to appeal to Privy Council, the execution of the sentence shall be postponed not only in the case of the person or persons from whom, or on whose behalf, such intimation has been received but also in the case of the other person or persons for whom, or whose behalf, no such intimation has been received.”

But top jail officials themselves are not fully aware of this rule.

Inspector General of Prisons Brigadier General Zakir Hasan said he has heard about it and will check it.

“But we will take the steps according to the Supreme Court order,” he said.

“We are yet to receive the registrar’s letter staying Mamun’s execution, and will stay the process of his execution only once we get the letter,” said a top jail official.

“We will continue our process for execution of those who will not file any leave to appeal petition against the verdict,” he said.

After Mamun filed a leave to appeal petition last week through the authorities of Kashimpur Jail, SC Registrar Fazlul Karim sent a letter to the home ministry and authorities concerned for staying Mamun’s execution until disposal of the petition.

After issuing of the registrar’s letter, many legal experts interpreted that execution of all the condemned militants will be stayed for staying execution of any of them.

The registrar, on the other hand, yesterday told The Daily Star, referring to Rules 5 of Order 24 of Appellate Division Rules 1988, “Only Mamun’s execution will be stayed since he filed petition for only his relief from execution.”

The rule says: “In the case of a petition for leave to appeal involving a sentence of death the Registrar shall as soon as the petition is filed or received from the officer-in-charge of the jail, intimate effect of the petition having been filed/received in the court to the government of Bangladesh and thereupon the execution of the sentence of death shall be stayed pending the disposal of the petition, without any express order of the court in this behalf.”

“Provided that unless otherwise ordered by the court this rule shall not apply to the petitions filed on behalf of a condemned prisoner, who has exhausted all his legal remedy by way of petition for leave to appeal, appeal or review in this court and whose mercy petition has been rejected by the concerned authorities.”

Government law officer Helal Uddin Mollah, a deputy attorney general (DAG), who moved during hearing of the case at the High Court death reference bench, told The Daily Star that the registrar’s letter will only stay Mamun’s execution while the process for six others’ execution will go on.

“Only he who has applied for leave to appeal against the verdict can enjoy the relief, those who will not apply for it can definitely not enjoy it,” a former Supreme Court judge yesterday said.

So, the SC registrar’s move will only stay the execution of Mamun, he added.

The former judge, however, said the SC can examine the entire record of the case or stay the verdict or execution of all the convicts since “the Supreme Court has a long arm”.

Referring to the rule 991 of the Jail Code, he said the jail authorities, on receipt of the registrar’s letter, can refrain from execution of all the condemned militants of the case while acting on its code.

Talking on the confusion over staying all the militants’ execution, Law Minister Moudud Ahmed said in parliament yesterday, “The rule is to execute the court verdict for those who did not make any appeal.”

As per Rule 6 of Order 24 of Appellate Division Rules 1988, the filing section of Supreme Court Appellate Division will prepare a paper-book following Mamun’s leave to appeal petition, said DAG Helaluddin.

To quicken the process, the filing section will send it to the chief justice today for an order on fixing the date of hearing, he added.

Earlier, the registrar told about the possibility of sending it to the chamber judge on October 5.

The filing section will also appoint a lawyer for Mamun.