SC stays HC order to separate hearing on sentencing
Earlier, the HC ordered trial courts for separate hearings on sentencing before final conviction
The chamber judge of the Supreme Court has stayed till 15 July a High Court order that directed the country's trial courts and tribunals to hold a separate hearing on sentencing before the verdict delivery in criminal cases.
Justice M Enayetur Rahim, Chamber judge of the Appellate Division, passed the order on Tuesday, following a stay petition filed by the state challenging the HC order.
Attorney General AM Amin Uddin represented the state in the court and sought a review of the HC directives to hold separate hearings on sentencing in criminal cases.
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Earlier on 18 May, the High Court, in its verdict, asked all the trial courts and the tribunals concerned across the country to hold a separate hearing on sentencing before final conviction.
In the full text released on the Supreme Court (SC) website on Thursday, the court said, "When the final argument is concluded and the judge has made up his mind to convict the accused for the offences punishable with death or life imprisonment or imprisonment for years, the judge shall express his/her decision in open Court or Tribunal."
"And then the judge shall fix a date, within the shortest possible time for a separate hearing on the sentencing of the accused in order to determine the appropriate sentences to be imposed."
The HC has also asked the Registrar General of the SC to send a copy of this judgement containing the above directions or to issue a circular in this regard.
In March 2014, a case was filed against Anwar Hossain and Lavlu on the charge of killing a third grader after rape in Jashore.
Later in 2017, the Women and Children Repression Prevention Tribunal in Jashore sentenced Md Lavlu to death for killing after rape.
The tribunal then sent the case records to the High Court for death reference. The convicted accused also preferred the jail appeal against his sentence.
After holding a hearing, the High Court on 27 and 28 February this year commuted the death sentence to life imprisonment.
However, the Chamber Judge on Tuesday upheld the HC verdict that commuted the death sentence to life imprisonment.
