Death sentence

Md. Delwar Hossain, East Rampura, Dhaka
During September'10 several news items related to death sentence were published in variousnewspapers. The Daily Star (07-09-10) news was “President Zillur Rahman granted presidential pardon to 20 death row inmates in the Jubo Dal leader Sabbir Ahmed Gama killing case.” The Daily Star (08-09-10) picture was captioned, “Sohag holding a table fan and Formajul with a TV antenna come out of Rajshahi jail yesterday. They are among death row inmates of Juba Dal leader Gama killing case pardoned by the president. They brought along the antenna and table fan when they went to jail.” The picture indicates that the convicts under capital punishment were allowed to enjoy some kind of freedom in the jail which is against the jail code. This also indicates that the convicts and the jail authority were aware of the presidential clemency beforehand. The Daily Star (16-09-10) news is “Execution of two convicted murderers has been carried out in Sylhet central jail at the wee hour's of to-day. This is the first incident of execution in this jail in the last 70 years.” The Prothom Alo (16-09-10) news is “Yesterday Tuesday at one minute past 12 hrs, one man has been hanged to death in Faridpur prison for causing death of his wife by burning. After independence, this is the first instance of death by hanging in Faridpur jail. In the sub-editorial of The Daily Star (24-09-10) it is stated “We find an instance of presidential pardon to a convicted murderer during the time of the immediate past BNP-led government. In July 1982, a Dhaka martial law court sentenced Mohiuddin Jhintu and two others to death for murdering two Demra businessmen. The judgment was delivered in absentia. After evading arrest for more than two decades, Jhintu surrendered to the metropolitan session judge's court on January 3, 2005 and prayed for presidential clemency. He was granted presidential pardon within 10 days of his surrender although the death penalty of two co-convicts in the case had already carried out.” It is very heart breaking to note that some death convicts are set free while some are hanged due to not having good connection with the government in power. Law is interpreted and implemented in different ways, whereas, the constitution guarantees that every citizen of the country is same in the eye of law. Article 19 of our constitution states that, “the state shall endeavour to ensure equality of opportunity to all citizens”. Death penalty is the highest degree of punishment which requires highest degree of fair play and justice with the highest moral obligation towards the rule of law, which may not possible to ensure in every case and at all times. All these speak in favour of abolishing the death penalty. We hope that our honourable lawmakers will give a serious thought to the matter.