The latest development came following receipt of a copy of the Supreme Court (SC) rejection of the condemned men's appeals against the death sentences by the jail authorities on Sunday, 54 days after the SC had delivered the order. The jail authorities started the process of executions yesterday.

Executing the condemned now depends on a government clearance, although a number of provisions already exist to carry out the executions within 21 to 28 days following receipt of the court order by the jail authorities.

The SC on November 28 rejected the six condemned JMB men's petitions seeking permission to appeal against a High Court (HC) judgment upholding the death sentences for killing two judges in a suicide bomb attack in Jhalakathi on November 14.

On Sunday and yesterday, the jail authorities read out the SC rejection to all the six condemned JMB men, in accordance with the jail code.

Inspector General (Prisons) Brig Gen Zakir Hasan told The Daily Star last night, "We will fix the date of execution within the next two or three days."

Out of the six condemned members of the fanatic Islamist militant group JMB, one is in Rangpur jail, one is held in Kashimpur Jail in Gazipur, and the rest are on death row in Dhaka. Another condemned JMB operative is currently absconding.

Jail authority sources said they are in a dilemma about whether they will follow the new jail code or the old one, because the two codes provide two different timeframes for carrying out executions after receiving court orders.

The jail authorities will seek the help of the law ministry to clarify the matter, said jail authority sources.

IG (Prisons) Zakir yesterday said, "We informed the home ministry today that we have received a copy of the Supreme Court order."

"We will fix a date for the executions in accordance with the code and then inform the home ministry," the IG said adding, "We will wait for the government to confirm the executions."

The old jail code stated, the jail authorities would also ask the condemned to inform the authorities in seven days if they want to petition the president for clemency.

If the condemned men petition for presidential clemency and the president turns it down, the jail authorities will fix a date for the executions within 21 to 28 days of receiving the president's decision.

In case the condemned decide not to file any petition for presidential clemency, the jail authorities will start counting down 28 days after the stipulated timeframe of seven-day for the petitions will be over, and will fix a date for their executions between 21 to 28 days. In that case if counted retroactively from yesterday the execution date will fall between February 12 and 18.

According to the new jail code, after the jail authorities receive the court order, they are bound to read out the order to the condemned, who are then provided 15 days to submit petitions for presidential clemency.

If the president rejects a petition then an execution is to be carried out within 21 to 28 days following the date of receipt of the president's decision by the jail authorities.

If the six condemned JMB men choose not to submit petitions for presidential clemency, then the execution dates will be fixed within 21 to 28 days following the date of receipt of the court order by the jail authorities, which was Sunday, January 21 in this specific case.

Sources said, the jail authorities will then inform the home ministry the dates of executions. The jail authorities will then have to wait for the government's decision up to 60 days.

If the government does not inform the jail authorities of the decision within the stipulated 60 days, then the prison authorities will have to send a reminder to the home ministry for a final decision.

But, as soon as the government gives clearance to carry out the executions, the jail authorities are free to execute the condemned on schedule.

Although both the old and new jail codes provide specific timeframes for issuing a death warrant, the jail authorities however will receive petitions for presidential clemency up to the mid-day of the dates of executions and send them to the president for his decision, the IG (Prisons) said.

If anyone submits a petition for presidential clemency after the mid-day, the jail authorities will still send it to the president and contact him over the telephone for instructions, the IG said. "If the president tells us to stay the execution, we will do so. But if he turns down the petition we will carry out the execution on schedule," he added.

Executions are carried out at one minute past the zero hour.

Jail sources said, they are already aware that the families of at least three of the condemned JMB men, including JMB chief Abdur Rahman and another lynchpin Siddiqul Islam alias Bangla Bhai, are eager to submit petitions to the president for clemency.

The IG (Prison) said, "I am also aware that some of the condemned are eager to submit mercy petitions, but I'm not sure who they are."

"Even if the families submit mercy petitions, they will be sent to the president for his consideration," Zakir added.

The condemned six are JMB chief Abdur Rahman, top lynchpin Siddiqul Islam alias Bangla Bhai, three other Majlish-e-Shura members Ataur Rahman Sunny, Abdul Awal and Khaled Saifullah, and a suicide bomber Iftekhar al Mamun.

Senior assistant judges Jagannath Pandey and Sohel Ahmed were killed in a suicide bomb attack at Purba Chadkati in Jhalakathi town on November 14 last year in the wake of a series of bombings carried out by JMB militants across the country.

The High Court on August 31 upheld the trial court verdict that had sentenced seven JMB men to death on May 29.