The Supreme Court on Sunday postponed the execution of a death row convict Shukur Ali in a child rape and murder case in Kushtia until the release of the full text of the judgment.
The Appellate Division asked Attorney General AM Amin Uddin to inform IG(Prison) and the jail authorities of the order.
The five-member bench led by Chief Justice Syed Mahmud Hossain passed the order after convict’s lawyer Helal Uddin Molla informed it of the preparation to execute Shukur following an ‘advance order’ of the court.
Helal Uddin prayed for court’s intervention as Shukur couldn’t appeal for review of the verdict as the full text of the order was not released as yet.
The apex court said the advance order was issued to transfer other three convicts from condemn cells whose punishment was reduced to life term imprisonment from death penalty.
Meanwhile Helal Uddin said the advance order was already sent to Kashimpur Jail from Kushtia court and the preparations were made to execute the convict. As part of the process the convict sent clemency appeal to the President which got rejected, he said.
The Appellate Division on August 18 this year upheld the death penalty of Shukur Ali, and commuted death sentences of three others to life imprisonment in a case filed over abduction, rape and murder of 13-year-old girl in Kushtia in 2004.
The court later asked Shukur Ali’s lawyer Helal Uddin to submit a appeal to Chamber Judge for necessary direction in this regard and ordered to suspend the execution till November 16.
Chamber Judge Obaydul Hasan passed the order and directed IG (Prisons) and jail authority for enactment.
The court also asked Shukur’s lawyer to submit petition following the procedures for reviewing the judgment.
The other three accused sentenced life imprisonment in the case are Nuruddin Sentu, Azanur Rahman and Mamun Hossain.
On March 25, 2004, the victim was abducted by the accused while returning from a neighbour’s house after watching television at Lalnagar village under Kushtia's Daulatpur Upazila.
They took her to a tobacco field, raped and killed her.
The following day, her father filed a case against five people with the Daulatpur Police Station in connection with the incident.
On February 4, 2009, The Women and Children Repression Prevention Tribunal of Kushtia sentenced five accused, Shukur, Sentu, Azanur, Mamun and Kamrul to death in the case.
Later the convicts filed separate appeals with the HC, challenging the verdict while the death reference was sent to the court for approval.
In the meantime convict Kamrul died in jail.
In 2014, The HC upheld their punishment.
Later the convicts filed appeals with the Appellate Division challenging the HC verdict.