Condemnation cell: Thousands of death reference cases in limbo

The condemnation cell is like another prison within a prison as the death-row convicts are kept here. The residents of this cell are always in fear of death. And at the same time, they wait for the end of the trial of the death reference case. However, currently, thousands of death reference cases are pending in the High Court Division of the Supreme Court. It is also unknown when the trial of these cases will be completed.
Once a convict is sentenced to death in the trial court, it cannot be implemented immediately.

According to the law, the death sentence of the trial court has to be sent to the High Court. When this document of the trial court reaches the High Court, it is called a death reference (capital punishment-related) case. Supreme Court sources said that currently, a pile of death reference cases has accumulated in the High Court. There were 1,021 death reference cases awaiting trial in four specialized death reference benches there as of January 15, 2025. Of these, more than 700 cases are awaiting paperback preparation while about 300 cases are awaiting trial. About 2,500 death row convicts in these cases are currently in the condemnation cells of various prisons in the country.

Additional Registrar of the Supreme Court Asaf-ud-Daula told Views Bangladesh: "As of January 15, 2025, 1,021 death reference cases are pending in the High Court. This is the highest in the country's history. There are also regular jail appeals by convicts sentenced to death against death references. These cases include the bomb attack at the Chhayanaut New Year's Eve ceremony, the murder of Rifat in Barguna, the murder of retired army Major Major Sinha Mohammed Rashed Khan, the murder of BUET student Abrar Fahad, the murder in Holy Artisan, and several sensational cases."

He further said: "A death reference High Court bench disposes of a maximum of 45 to 50 cases a year. Therefore, for the speedy disposal of cases, additional benches are used during various vacations to hear death references. In these cases, about 2,500 death row convicts are in the condemnation cells awaiting trial. The number of death reference cases currently pending is expected to be reduced to a large extent this year."

High Court Death Reference Section Officer Nurul Islam told Views Bangladesh that the hearing of death references and appeals for 2018 has started. Several cases from 2016 and 2017 are pending. Currently 126 cases from 2018 and 112 death reference cases from 2019 will be heard. In addition, 130 from 2019, 109 from 2020, 123 from 2021, 116 from 2022, 132 from 2023 and 161 from 2024 are awaiting trial. Currently, these cases are awaiting hearing in four specialized death reference benches.

Paperbacks of the New Year’s Eve bombing case in Ramna Batamul, the murder case of Nusrat in Feni and the militant attack on the Holy Artisan Bakery in Gulshan have been prepared by BG Press on priority basis. The Holy Artisan case is being heard in the High Court bench of Justice Shahidul Karim and Justice Md. Mostafizur Rahman.

In this regard, Senior Supreme Court Lawyer Manzil Morshed told Views Bangladesh: "Section 31(2) of the Code of Criminal Procedure states that ‘A Sessions Judge or Additional Sessions Judge may award any sentence permitted by law; however, if such a judge awards death sentence, it shall be effective subject to the approval of the High Court Division.’ This provision of the law is the death reference. The longer the hearing of this death reference case, the more the suffering of the accused in prison will increase as the accused in these cases do not stay in ordinary cells in prison, they stay in condemnation cells. Which is a very painful place."

Barrister Mahbub Uddin Khokon, president of the Supreme Court Bar Association, told Views Bangladesh: "After an accused is awarded death sentence, he is kept in a separate cell. Which is known as condemnation cell. Even if an accused sentenced to death in the trial court comes to the High Court Division and is acquitted, it takes a long time to get that verdict. Again, even if the death sentence is upheld in the High Court, it takes five to six years to get that verdict. Until then, these accused have to stay in the condemnation cell. On the one hand, this delays the exemplary punishment of the guilty person, and if the guilt is not proven, an innocent person also has to stay in the condemnation cell for a long time which is an obstacle to getting justice quickly."

Senior lawyer and criminal case expert of the Supreme Court Barrister Badruddoza Badal told Views Bangladesh: "If we review the verdict of the death reference case, it is seen that the sentence of most of those sentenced to death in the trial court is not upheld in the High Court. Many are also acquitted by the Appellate Division. Therefore, even if the accused sentenced to death in the sessions court is acquitted in the High Court or the Appellate Division, a large part of his life is spent in the condemnation cell. One of the reasons for this is the huge backlog of death reference cases. To reduce the backlog of such sensitive cases, the paperbook should be prepared quickly and the number of benches should be increased."

Attorney General Md. Asaduzzaman told Views Bangladesh: "The condition of the judiciary was very fragile during the previous government’s tenure. Work is progressing slowly in every section of the Supreme Court. The death reference section was no exception. Due to this, more than a thousand death reference cases are currently pending. We are taking initiatives to complete the trial of these cases quickly. We will discuss this issue with the Chief Justice and try to reduce the suffering of the judgement seekers."