Govt to challenge HC ruling on condemned cells detention 

The government has decided to appeal against the High Court's ruling that prohibits detaining death-row convicts in condemned cells before the Appellate Division of the Supreme Court fully disposes of their cases.

Attorney General AM Amin Uddin confirmed the matter today (14 May) and said the state is preparing to file an appeal, challenging the HC ruling.

Following a writ petition jointly filed by three death-row convicts, the HC on 13 May ruled that it is illegal and unlawful to detain death-row convicts in the condemned cell before their cases are settled at the Appellate Division.

The court also declared Rule 980 of the Bangladesh Jail Code, which allows such use of condemned cells, unconstitutional.

Besides, the HC has sought a report within six months on the facilities available for the accused kept in condemned cells.

The court also observed that prisoners who got death sentences in various cases but whose appeal and review petitions have not yet been disposed of should be provided with the same facilities in jail as other prisoners.

As per Rule 980 of the Jail Code, 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.

On 3 September 2022, a writ petition was filed with the High Court challenging the legality of keeping the death row accused in the condemned cell before the final disposal of the case.

On 5 April 2023, the HC asked the authorities to explain why keeping death-row convicts in condemned cells before their appeal and review applications are disposed of should not be declared illegal.

The court on 12 December last year concluded the hearings in this regard.