Staff Reporter :
The Appellate Division of the Supreme Court on Tuesday explained the meaning of life term imprisonment sentence.
In a judgement the apex court said, ‘Imprisonment for life prima facie means the whole of the remaining period of the convict’s natural life will remain behind the bars.”
“Imprisonment for life is equivalent to imprisonment for 30 years if sections 45 and 53 are read together along with sections 55 and 57 of the Penal Code and 35(A) of the Code of Criminal Procedure,” read the judgement.
“However, in case of sentence awarded to the convict for imprisonment for life till his natural death by the court / tribunal, International Crimes Tribuanl under International Crimes Tribunals Act, 1973, the convict will not be entitled to get the benefit of section 35(A) of the Code of Criminal Procedure,” also read the judgement.
A seven-member bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain passed the explanation on the basis of majority view while delivering the judgement after disposing of a review petition filed by a convict person.
Convict Ataur Mridha filed the petition seeking review of the apex court’s judgement that commuted his death penalty to imprisonment till death.
Advocate Mohammad Shishir Manir who appeared in the hearing in supporting the review petition said, “If a court sentences anyone to life imprisonment, the convict will have to spend 30 years in jail. In this case the convict will get deduction facility. If anyone is sentenced to imprisonment till death, he will not get any concession described in the section 35(A) of the Code of Criminal Procedure.”
After concluding the hearing, an apex court bench on July 11 last year had kept the same review petition as CAV (‘curia advisari vult’, meaning the verdict will be delivered any day).
The petition again came into the cause-list of the apex court on November 24 this year and the apex court held rehearing on the petition on that day and fixed December 1 for delivering the judgement.
The apex court had earlier heard expert opinions from four amicus curiae (friends of court), senior lawyers AF Hasan Ariff, Rokanuddin Mahmud, Abdur Rezak Khan and AM Aminuddin, on the issue.
Lawyers Khandker Mahbub Hossain and Mohammad Shishir Manir appeared for the petitioner, while Attorney General AM Amin Uddin argued for the state.
A trial court on October 15 in 2003 handed down death penalty to two accused, Ataur Mridha and Anwar Hossain, in a murder case.
Following the appeal petitions and death references, the High Court on October 30 in 2007 upheld the sentences of the accused. Then the accused moved to the Appellate Division.
After hearing the apex court on February 14, 2017 commuted their death penalty to life imprisonment in the case.
In that judgement the apex court opined that life imprisonment means imprisonment till natural death. Then Ataur Mridha filed review petition seeking review of the judgement.
