SC stays HC verdict on sentencing hearing

The Supreme Court chamber judge yesterday stayed till July 10 a High Court verdict that directed the trial courts and tribunals across the country to hold separate hearings on sentencing before delivery or pronouncement of judgements in criminal cases.

Chamber judge of the Appellate Division of the SC Justice M Enayetur Rahim passed the stay order following a petition filed by the state challenging the HC directive.

Appearing for the state, Attorney General AM Amin Uddin told the apex court chamber judge that the Appellate Division needs to examine whether the HC can deliver such a verdict for holding separate hearing on sentencing in criminal cases and therefore, the HC verdict should be stayed.

Contacted, Attorney General AM Amin Uddin told The Daily Star that the state will move a leave to appeal before the Appellate Division challenging the HC verdict.   

In the full text of a verdict in a murder case, the HC has said the trial courts must hold separate hearings on sentencing in criminal cases.

The sentence in such a case must be pronounced at a later date, it said.

The full text of the verdict, which was released on May 18, said the SC registrar general must issue a circular directing the courts and tribunals across the country to comply with the directive on sentencing.

The HC also asked the authorities concerned to send a copy of the judgement to the law secretary, so that necessary actions are taken.

The HC verdict says when the final argument of the parties is concluded and the judge has decided to award death or life imprisonment or imprisonment for a term of years, the judge will express the decision in the open court or tribunal.

The judge will then fix a date, within the shortest possible time, for a separate hearing in order to determine the appropriate sentences, it said.