UNB, Dhaka :
The Supreme Court on Monday commuted to life imprisonment the death sentence of a man, Shukkur Ali, over the rape and murder of a child in Manikganj in 1996, following a review petition – the first such instance in Bangladesh’s legal history.
A four-member bench of appellate division headed by Chief Justice Surendra Kumar Sinha passed the order following a review petition, his second, filed by convict Shukkur Ali, who has already spent 14 years in prison.
On July 12, 2001, a Women and Children Repression Tribunal sentenced then sixteen-year-old boy Shukkur Ali to death for raping and killing a seven-year-old child of Shibrampur village of Manikganj on June 11,
1996. Proceedings in the case got underway in 1999, when he was merely 14.
Bangladesh Legal Aid and Services Trusts (BLAST), on behalf of Shukkur Ali, filed two separate appeals with the High Court seeking
cancellation of the death sentence in consideration of his juvenile status.
But on February 25, 2004, the High Court upheld the death sentence for Shukkur Ali.
Later, the appellate division also upheld the High Court judgment on February 23, 2005. On May 4 of the same year, the Supreme Court also rejected Shukkur Ali’s application for review and upheld his death penalty.
On April 28, 2010, Shukkur and BLAST filed another review petition with the Supreme Court. This followed a change in the law that allowed for alternative punishments to the death sentence in cases of rape followed by murder.
But Shukkur Ali’s review was held up by whether the new law would be applicable in his case. Meanwhile some 11 other appeals against judgements under the old act had come up for hearing.
Last May 5, at the end of the hearing, the Appellate Division delivered a judgement to the effect that the pending cases should be eligible for sentencing under the new law, that has a provision for life imprisonment in lieu of the death sentence, even in cases of rape followed by murder, where applicable.
During the hearing, BLAST not only held up Shukkur Ali’s juvenile status at the time of the crime, but also negligence on the part of his defence lawyer, plus the changes to the law.
The Supreme Court on Monday commuted to life imprisonment the death sentence of a man, Shukkur Ali, over the rape and murder of a child in Manikganj in 1996, following a review petition – the first such instance in Bangladesh’s legal history.
A four-member bench of appellate division headed by Chief Justice Surendra Kumar Sinha passed the order following a review petition, his second, filed by convict Shukkur Ali, who has already spent 14 years in prison.
On July 12, 2001, a Women and Children Repression Tribunal sentenced then sixteen-year-old boy Shukkur Ali to death for raping and killing a seven-year-old child of Shibrampur village of Manikganj on June 11,
1996. Proceedings in the case got underway in 1999, when he was merely 14.
Bangladesh Legal Aid and Services Trusts (BLAST), on behalf of Shukkur Ali, filed two separate appeals with the High Court seeking
cancellation of the death sentence in consideration of his juvenile status.
But on February 25, 2004, the High Court upheld the death sentence for Shukkur Ali.
Later, the appellate division also upheld the High Court judgment on February 23, 2005. On May 4 of the same year, the Supreme Court also rejected Shukkur Ali’s application for review and upheld his death penalty.
On April 28, 2010, Shukkur and BLAST filed another review petition with the Supreme Court. This followed a change in the law that allowed for alternative punishments to the death sentence in cases of rape followed by murder.
But Shukkur Ali’s review was held up by whether the new law would be applicable in his case. Meanwhile some 11 other appeals against judgements under the old act had come up for hearing.
Last May 5, at the end of the hearing, the Appellate Division delivered a judgement to the effect that the pending cases should be eligible for sentencing under the new law, that has a provision for life imprisonment in lieu of the death sentence, even in cases of rape followed by murder, where applicable.
During the hearing, BLAST not only held up Shukkur Ali’s juvenile status at the time of the crime, but also negligence on the part of his defence lawyer, plus the changes to the law.
