Act/Law wise: Judgment of Supreme Court of Bangladesh

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Jail Code (IX of 1894)
Section/Order/Article/Rule/Regulation Head Note
Rule 991 (I) & (VI)

The Jail Code
Rule 991 (I) & (VI) read with
International Crimes Tribunals Act, 1973
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, (Civil), 2018 (2) [5 LM (AD) 435] ....View Full Judgment

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 b' 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 ....View Full Judgment