Review hearing on ‘jail term for life’ Dec 1

Review hearing on ‘jail term for life’ Dec 1


Published: 13:29 24 November 2020  

High Court; File Photo

High Court; File Photo

Appellate Division has fixed December 1 for hearing the verdict of the review petition on the appeal of ‘life sentence means jail term for entire life’ in a Savar murder case. 

A full virtual Appellate Division headed by the Chief Justice passed the order on Tuesday.

Senior lawyer Khandaker Mahbub Hossain was present for the accused while Attorney General AM Amin Uddin and Deputy Attorney General Biswajit Debnath were present for the state.

Earlier on 11 July last year, a full Appellate Division headed by the Chief Justice had adjourned the CAV (case awaiting verdict) after the hearing. The late Attorney General Mahbubey Alam represented the state at that time and the current Attorney General AM Amin Uddin was Amicus Curiae.

On April 11 last year, the Appellate Division appointed four Amicus Curiae (legal assistants to the court) in the case. They gave their views.

The Amicus Curiae are - Barrister Rokanuddin Mahmud, AF Hasan Arif, Abdur Rezak Khan and AM Amin Uddin, president of the Supreme Court Bar Association.

At the time of the hearing, Khandaker Mahbub Hossain said there should be a fixed term for life imprisonment. “Our law stipulates 30 years as life imprisonment which later became 22 and a half years after getting exempt.”

“In the developed world, the punishment’s term is also given and there is also a parole system. As a result, long-term convicts do not have to stay in jail for long. But our country does not have that system. Therefore, if ‘life sentence means jail term for entire life’ the prisons will become nursing homes,” he added.

On October 15, 2003, the court gave a death sentence to two accused Ataur Mridha alias Ataur and Anwar Hossain in a murder case. 

Later, Death Reference (death penalty) comes to the High Court for hearing regarding the appeal of the accused and the death penalty against the verdict.  

On October 30, 2007, the High Court upheld the death sentence of two accused.

The defendants filed an appeal in the Appellate Division against the High Court verdict. On February 14, 2017, the verdict of the Appellate Division reduced the death penalty of two accused to life imprisonment. 

At the same time, the court gave a seven-point opinion including ‘life term means jail term for entire life’. After appealing the appeals verdict, the Appellate Division appoints Amicus Curiae to hear opinions of lawyers about this matter.