Gulam Rabbani :
The disposal rate of cases has increased in both the divisions of the Supreme Court (SC) in the recent years, but the scenario is different in death reference section, with the rising of the case backlog in last two years.
Sources said, 45 cases only were disposed in 2016, comparing with 58 in 2015. Record shows that 535 cases were under trial in 2016 and 519 in 2015.
According to the source, 101 cases were disposed in 2004. But this number fell to 49 the following year year. In 2006, it was 65, in 2007, the number was 148, and in 2008, this was 128.
In 2009, 2010 and 2011, disposal number of cases were 48, 43 and 74 respectively. In 2012, 2013 and 2014, the number increased to 145, 111 and 135 respectively.
Recently, hearing on some sensational cases’ death reference has been continuing in the relevant benches of the High Court (HC) division.
Ramna bomb blast case, BDR mutiny case, child Rajon murder case of Sylhet, child Rakib murder case of Khulna are in the list. Besides, Police Officer Mahfuzur Rahman and his wife murder case’s death reference is on the hearing list.
According to Section 31 of Criminal Code of Procedure, judges of trial courts can deliver any kind of punishment to the criminals as per law. But if a lower court passes death sentence in a case, its judgment is to be examined by the HC through hearing arguments for confirmation of the death sentence. The case documents and judgment reaches as death reference to the HC from the lower court in seven days within the delivery of the verdict.
Then the relevant section of the HC prepares paper book on the case and submits this for hearing. The sensational cases get priority in this regard.
A paper book contains all the details of a case, trial proceedings, statements, evidence, verdicts and other documents.
If a convict is aggrieved by the order of the HC, then he can appeal to the Appellate Division of the SC against it. He also get a chance to seek review if he is aggrieved by the judgment of the apex court. Even a convict can submit mercy petition if his review is rejected. After all these steps a death sentence is executed.
Sources said, hearing on death references continues in four benches of the HC division. Of them, two benches hear death references only two days a week. The rest two benches hear death references four days a week. That is why, the disposal number of the cases is not increasing.
But the lawyers have demanded increase of the number of benches and judges to increase the disposal rate.
Md Sabbir Faiz, Additional Registrar (Administration and Judicial), said, they are trying to take necessary steps for quick disposal of the death reference cases.
Now HC is facing judge crisis. That is why required number of benches cannot be formed, said he, adding that they send case documents to the BG press to print paper book. This problem would be solved if there is a press in the SC.
Senior lawyer of the SC Advocate Khandker Mahbub Hossain said, a judge needs practical experience, skills and knowledge of law to dispose a death reference case. But many HC judges being new, they took a long time to dispose a death reference case. The time of the disposal of cases can be shortened by forming benches with experienced judges.
