At least three years will be needed to execute death sentences of the convicts in BDR carnage case, if the High Court and the Appellate Division affirm their convictions after hearing and disposing of their appeals. Two criminal law experts — Attorney General Mahbubey Alam, and Khurshid Alam Khan, editor of Dhaka Law Report — gave the view to The Daily Star yesterday.The trial court will send the record of the case along with the verdict, which sentenced 152 people to death, as a “death reference” to the HC within next seven days for examining the sentences, they said.
The convicts can also file separate appeals with the HC in 60 days after receiving the copy of the verdict, challenging their convictions as per the relevant provisions of the Code of Criminal Procedure (CrPC) and the Limitation Act.
Then the Supreme Court (SC) authorities will have to prepare more than 1,500 paper books on the appeals for their hearings, the law experts said.
A paper book contains the whole records of the case including relevant documents, evidence, and statements placed before the trial court.
At least 10 copies of paper books have to be prepared for each appeal, and a copy of paper books will be forwarded to the judges and lawyers concerned, they said, adding that the SC authorities prepare the paper books through Bangladesh Government Press.
Both the law experts opined that at least six months time will be needed for preparing the paper books in the BDR carnage case, and then the HC will start hearing on the appeals along with the death reference.
If the state and defence counsels are sincere, the appeals might be disposed of by the HC within a year after the start of the hearing, they said.
The convicts will then move their appeals before the Appellate Division of the SC if the HC upholds the death sentence, they added.
The next one year might be needed for disposal of the appeals at the Appellate Division, they predicted.
The experts also said if the apex court upholds the death sentences of the convicts, the next six months might be needed for executing the verdict on completion of relevant legal procedures.
Mahbubey Alam said his office will take necessary steps for quick hearing of the appeals at the HC, considering the importance of the case concerned.
Khurshid Alam Khan said the sentences of some convicts might be reduced, and even few of them might be acquitted at the HC and the Appellate Division.
The HC may hold early hearing on the death reference and appeals in the BDR carnage case, if the state and defence counsels are vigilant, he said.
Although this court serially hears and disposes of death reference of previous years, he added.
For an example, Khurshid said the HC started hearing the death reference and appeals in Saudi Embassy official Khalaf Al Ali murder case.
An HC bench recently concluded hearing on the death reference and the appeals filed by the condemned convicts in the murder case, and fixed November 10 for the verdict in the case.
Khalaf, an official at the consular section of the Saudi Embassy in Dhaka, was shot dead on March 6 last year near his Gulshan house in the capital.
A Dhaka court on December 30 last year sentenced five people to death for killing the Saudi official.
Sources at the SC said a total of 363 death references are now pending with the HC, and it has disposed of 105 death reference cases so far this year.
Four division benches of the HC are hearing and disposing of the death reference cases in sequence. The benches have disposed of the death references which were filed in 2007 and 2008.
Ten or eleven death references of 2008 are still waiting to be disposed of, the sources added.
-With The Daily Star input
