Government prepares for execution

Government is preparing to execute Jamaat leader Abdul Quader Mollah's death sentence. Government believes there is no scope for review appeal against the apex court's verdict. In fact, there is even no need to wait for the full verdict. Jail authorities can start the procedure once it receives the certified copy of the abridged verdict. But is this case Quader Mollah will get a week to seek presidential clemency. Meanwhile, Quader Mollah's counsel has applied for a certified copy of the abridged verdict. They have appealed for a stay on the execution procedure stating a review petition will be filed as soon as the copy of the verdict is received. 

Executions are processed under penal codes and jail codes. The jail codes mandate that after receiving the verdict the authorities allow 1 week for the convict to seek presidential pardon. If the convict is not pardoned then the sentence is executed between 21-28 days. But these penal codes and jail codes will not be applicable to war crimes convicts because International Crimes (Tribunals) Act-1973 is a special law. The sentences in this case will be executed as per the government's orders.

The Appellate Division allows 30 days to file any review petition. Quader Mollah's chief defense counsel said yesterday filing a review petition is Mollah's constitutional right. However, law experts believe Section 105 of the Constitution does not apply to war crime convicts and as such there is no scope for review in Mollah's case. Both Law Minister and Attorney General believes there is no scope for a review of the verdict.

Defense counsel on the other hand believes execution of the verdict without first allowing to file a petition would make it a judicial killing. The jurisprudence in a death penalty cannot be resolved through a court. The Constitution also allows the filing of a review. A death sentence cannot be executed on the basis of the abridged verdict only. The convict has to receive a copy of the verdict. Even the President needs to have the copy of the full verdict to evaluate clemency decision.