Tenure of life imprisonment: Ataur Mridha alias Ataur Vs The State

 

“Life imprisonment in Bangladesh means a convict will remain behind bars for 30 years unless specifically mentioned in the verdict that the person is sentenced to imprisonment until natural death.”

The 120-page full verdict of the Appellate Division of the Supreme Court of Bangladesh on the matter has been published on its website.

“Imprisonment for life is equivalent to imprisonment for 30 years if sections 45 and 53 are read together along with sections 55 and 57 of the Penal Code and 35A of the Code of Criminal Procedure,” it read.

However, the convict will not be entitled to get the benefit of section 35A of the Code of Criminal Procedure, if awarded life imprisonment by the International Crimes Tribunal under International Crimes Tribunals Act, 1973.

A seven-member bench, led by Chief Justice Syed Mahmud Hossain, passed a short verdict on December 1 last year over the matter following a review petition filed by a convict, Ataur Mridha.

Observations of the Court:

The review petition is disposed of with the following observations and directions by majority decision:

“1. Imprisonment for life prima-facie means imprisonment for the whole of the remaining period of convicts natural life.

2. Imprisonment for life be deemed equivalent to imprisonment for 30 years if sections 45 and 53 are read along with sections 55 and 57 of the Penal Code and section 35A of the Code of Criminal Procedure.

3. However, in the case of sentence awarded to the convict for the imprisonment for life till his natural death by the Court, Tribunal or the International Crimes Tribunal under the International Crimes (Tribunal) Act, 1973 (Act XIX of 1973), the convict will not be entitled to get the benefit of section 35A of the Code of Criminal Procedure.”