Why inmates on trial in condemned cell

The High Court yesterday questioned the legality of keeping convicts who got the death penalty in condemned cells before their cases are finally disposed of by the High Court.

The court also issued a rule asking the authorities to explain in four weeks why Regulation 980 of Bangladesh Jail Code, which allows such use of condemned cells, should not be declared unconstitutional.

The inspector general of prisons was ordered to submit to the court in six months a report on the number of convicts in condemned cells, and the facilities available in the death rows across the country.

Regulation 980 says, "Every prisoner sentenced to death shall, from the date of his sentence, and without waiting for the sentence to be confirmed by the High Court Division, be confined in some safe place, a cell if possible, within the jail, apart from all other prisoners.

"The cell or room in which a convict condemned to death is confined shall invariably, before he is placed in it, be examined by the Jailor, who shall satisfy himself of its fitness and safety, and shall record the result of the examination in his report book."

Secretaries to the ministries of home and law, inspector general of police and inspector general of prisons are respondents to the rule issued in response to a writ petition filed in September last year by three convicts who urged the HC to order prison authorities to transfer them to regular cells from the death row.

The bench of Justice Md Mozibur Rahman Miah and Justice Ahmed Sohel issued the rule and passed the order.

At yesterday's hearing, lawyer Mohamad Shishir Manir told the HC that convicts are kept in condemned cells in a degrading manner which contradicts article 35(5) of the constitution.

Referring to an Indian Supreme Court judgement, he said no convict can be kept in the death row until his or her case is finally disposed of by the apex court.

As of September 20 last year, 1,987 death convicts were in condemned cells across the country, Shishir Manir told The Daily Star. 

Among them, 1,933 are male and 54 female, he said, citing a statement from Shuraiya Akhter, assistant inspector general of prisons.

Deputy Attorney General Bepul Bagmar represented the state at the hearing.