HC asks why 'death penalty' sans general guidelines not unconstitutional

The High Court on Tuesday (30 January) issued a rule asking the government to explain why the imposition of 'death penalty' as punishment except some general guidelines should not be held contradictory to some articles of the constitution.

The HC bench of Justice Mustafa Zaman Islam and Justice Md Atabullah issued the rule after hearing a writ petition.

The HC also questioned the government why the authorities concerned should not enact a guideline in case of sentencing  'death penalty' as capital punishment. 

Secretary to the Law Ministry, Legislative and Parliamentary Affairs Division secretary and Registrar General of the Supreme Court have been made respondents to the rule.

Advocate Ishrat Zahan stood for the writ petitioner while Deputy Attorney General Tushar Kanti Roy represented the state.

Last year on 7 December, a writ petition was filed with the High Court (HC) challenging the existing provision of death penalty.

A directive was also sought to issue a rule as to why the provision of capital punishment should not be declared illegal and unlawful.

Supreme Court lawyer Ishrat Hasan filed the petition with the concerned bench of the HC.

According to the petition, the death penalty is the highest punishment in Bangladesh, but it is contradictory to sections 32 and 35 of the country's constitution.

Moreover, the death penalty was discouraged in the 'UN Convention on Human Rights-1948', 'International Convention on Civil and Political Rights-1966' and 'Convention against Torture-1984'.

As Bangladesh is a signatory member country of the laws, hence there is an obligation to prohibit the death penalty. A total of 112 countries in the world have already banned capital punishment, the petition said.

As Bangladesh is a signatory to international laws banning the death penalty and the country is bound to abide by section 25 of the constitution as per the International Law.