BENGAL JAIL CODE,1894 | Case Reference

BENGAL JAIL CODE,1894

Rules-617, 1051-1058

Immediately after passing of the judgment awarding the sentence of death, the prisoner shall be confined in a cell apart from all other prisoners and shall be dept under constant guarding, which is required for the purpose of a security of life and also for the safety of the prisoner. But we different picture have been found in the case of an under trial prisoner who is allotted Division I as provided under Rule 617 of the Jail Code. Other facilities to be awarded to the prisoner if he is granted a Division I which are prescribed in Rules 1051-58, cannot be allowed to a condemned prisoner.

The High Court Division cannot pass an order creating anomaly in the subject and pro cedural law which is being followed accord ing to the Jail Code and the Rules therein in accordance with the provision of Prisoners Act, 1894 by the jail authority. This Court also cannot pass any order which cannot be executed and obeyed.Major (Retd) Bazlul Huda Vs The State, 20BLD(HCD)204

Rule 979- This Division passed the death sentence and after the judgment, the Tribunal communicated the sentence. There is no provision in this rule that if the communication of the sentence is made by an inferior Tribunal, it will be illegal or void. This is merely an irregularity and this will not be said to be ineffective. The legislature has used the expression 'will be in respect of communication of the sentence. So, if the inferior Tribunal communicates the warrant as per direction of this Division, it cannot be said that the warrant was inoperative. This is a mere technical formality. Abdul Quader Mollah vs Chief Prosecutor, ICT, 66 DLR (AD) 289

Jail Code, 1894

Rule 991 (I) & (VI)- Review petition

should not be equated with an appeal- The condemned prisoner should be afforded an opportunity to file a mercy petition- A review petition should not be equated with an appeal. In criminal matters, the power of review must be limited to an error which have a material, real ground on the face of the case. The finality attached to a judgment at the apex level of the judicial hierarchy upon a full fledged hearing of the parties should be re-examined in exceptional cases and a review is not permissible to embark upon a reiteration of the same points. The period of limitation provided in the Appellate Division rules will not be applicable in respect of a review petition from a judgment on appeal under the Act of 1973. The period of limitation is fifteen days and the review petition should be disposed of on priority basis. If a warrant of death for execution is communicated to the Jail authority after it is confirmed or imposed by this Division, the condemned prisoner should be afforded an opportunity to file a mercy petition and he should also be afforded an opportunity to meet his near ones before the execution of the sentence. If the jail authority fixes a date for execution of the sentence, the same cannot be taken as has been done hurriedly. If any review or mercy petition is filed or pending, the sentence cannot be executed unless the petitions are disposed of. So, the period of seven days or twenty one days mentioned in sub-rules (I) and (VI) of rule 991 of the Jail Code have no force of law under the changed conditions.......Abdul Quader Mollah =VS= Chief Prosecutor, ICT, Dhaka, [5 LM (AD) 435]