The High Court on Monday sought a report on the kind of facilities provided to the convicted inmates incarcerated in condemned and other cells in jails across the country.
The court directed Attorney General AM Amin Uddin to submit the report obtaining information from the concerned jail authorities.
The bench of Justice M Enayetur Rahim and Mostafizur Rahman sought the information during a hearing on the writ petition filed challenging the legality of keeping death penalty convicts in condemn cells.
The court adjourned the hearing on the petition till October 31.
Lawyer of the petitioner Mohammad Shishir Monir said the number of death penalty orders at the lower courts has increased along with the number of crimes.
As the death reference cases do not get dismissed in time a defendant has to spend ages in a condemned cell, he said.
The attorney general said the condition in jails has changed a lot with time as inmates can buy food from the canteen, and can use other facilities like using cell phones.
A senior justice of the HC bench then suggested keeping a record of the increased facilities in different cells of the jails across the country throughout the last few years.
The attorney general then prayed for time till the next hearing to submit the report.
On September 2, three convicts condemned to death incarcerated at Chattogram Jail filed a writ petition challenging the legality of keeping a death-row convict in condemn cell before the completion of trial and clemency appeal to the President being dismissed.
The writ petition said the death penalty is not effective until the High Court approves it. Yet after High Court’s approval, a convict can appeal to the appellate division for reviewing the order and the chance to appeal for clemency to the President.
Until completion of this process, keeping convicts in condemned cell violates their basic right provided by paragraphs 27,31, and 32 in the constitution.