Execution is effective before the appeal is disposed of !!!

Four years ago, Mokim and Jharur were executed in Jessore Jail. The incident came to light when the appeal came up for hearing. Demands a judicial inquiry. Lawyers say it is unprecedented. Family surprised!!

Abdul Mokim and Golam Rasul Jharu of Chuadanga were hanged four years ago. Their lawyer alleged that the sentence was carried out before the start of the appeal hearing. This incident, which is unprecedented in the history of the country, took place in Jessore Central Jail. The incident came to light when the appeals of the two persons came on the agenda of the Appellate Division of the Supreme Court for hearing. Mokim and Jharu's appeal was ranked 11th in the agenda for hearing in a bench headed by the Chief Justice yesterday. However, no hearing was held. Later, Humayun Kabir, the lawyer involved in the case, confirmed the matter to reporters. He demanded a judicial inquiry into the incident. It has also been confirmed that there was no death sentence in any other case against these two persons. Mokim and Jharu's home is in Durlavpur village of Alamdanga Kumari Union in Chuadanga. Karasutra said that their sentence came into effect on November 16, 2017. Mokim's family expressed surprise at the incident. Injustice that seeks justice. According to the law, if an accused is sentenced to death in a judicial court, it needs the permission of the High Court. After the death sentence is approved by the High Court, it has to follow some more effective procedures. However, if the appeal is filed after the High Court approves the death sentence of an accused, the Appellate Division goes to the jail authorities and the concerned deputy commissioner for guidance in this regard. As a result, the sentence was suspended for that period. The lawyer said that these rules were not followed in the execution of Mokim and Jharo. Supreme Court lawyers also say the incident is unprecedented. They said the sentences of the two men could have been reduced if the appeal had been heard. There are many instances of punishment reduction. There is no chance to look at the matter lightly. They said that before the appeal is disposed of, strict action should be taken against those responsible by finding out how the death sentence was carried out through investigation. Jessore Central Jail authorities have acknowledged the fact that Mokim and Jharu were executed. Abu Taleb was in the district when the death sentence was carried out. His statement on the matter was not known. However, Tuhinkanti Khan of the present district claimed that they had a written order of the High Court regarding the execution of the two accused. The two accused apologized to the President, they also have the documents.

Meanwhile, Khulna Divisional Deputy Inspector General of Prisons. Chagir Mia told reporters, "We have seen the execution of two convicts in Jessore Central Jail before the appeal was disposed of." We are examining the file. ' Monwar Hossain was killed. In that case, his cousin. Ahimuddin filed a case against 26 people. The names of Mokim and Jharu appear in the statement of case. Chuadanga Additional Sessions Judge Court-2 sentenced three people to death, two to life imprisonment and acquitted the other accused in the case on April 17, 2008. The convicts were Abul Kalam Azad, the then UP chairman of the same union, Mokim and Jharu.

 

Following the verdict of the trial court, the case came to the High Court for approval of the death sentence of the accused as per the rules. The death reference number of the case was 39/2008. Following the hearing, the High Court upheld the death sentence of Mokim and Jharo and announced the verdict of the case on July 6 and 7, 2013. The rest of the accused were acquitted. Later, Mokim (Appeal No. 111/2013) and Jharu (Appeal No. 106/2013) appealed to the Appellate Division of the Supreme Court. Supreme Court lawyer Md. Humauon Kabir got the responsibility to supervise the appeal case on behalf of Mokim. Eight years have passed since then. After a long time, the case recently came up for hearing by the Appellate Division. After the case was listed for hearing, the family of the poor Mokim was contacted and it was learned that the jail authorities had executed Mokim in 2017 before the appeal was disposed of. Even the death sentence of another accused Jharo has been executed. Lawyer Humayun Kabir said, "I myself have found out the truth of the incident while supervising the case. Judge Mokim was in the condom cell. By contacting the family of the petitioner, it has been confirmed that the death sentence of the condom prisoner Mokim and Jharo has already been carried out. Basically, the Mokim and Jharu families are very poor. So the family members could not find out the details of the case on their behalf. 'The lawyer said that they could not afford that. Meanwhile, Mokim's lawyer for the hearing in the Appellate Division. Asif Hasan told reporters, "Initially, it seems that the jail authorities are responsible for this incident. Therefore, in this case, we will seek a judicial investigation from the Appellate Division. I will seek appropriate justice for the negligence of those who caused this incident. I will seek necessary directions from the Supreme Court so that such incidents do not happen in the future. At the same time, I will demand appropriate compensation for the families of the victims. ' "There was only one murder case against my husband," Farzana told Bangladesh Pratidin. He was hanged four years ago in this case. He was buried at Bholadanga village in Meherpur. I live here with my only son. Now I hear that the case is not over. We have been wronged. We want justice for this. 'Anjira Begum, Jharu's wife, told the Chuadanga correspondent, I have left the matter to Allah. 'Lawyers say it is unprecedented: Senior Supreme Court lawyer Mohammad Yusuf Hossain Humayun said after the incident, Is. If the court waives the delay and accepts the case for hearing the appeal, then there is no chance of execution of the sentence before the appeal is disposed of. Because if the appeal is heard, the sentence of the accused may be reduced. 'Before the appeal hearing, the former secretary of the Supreme Court Bar Association, Dr. Momtaz Uddin Ahmed Mehedi. "It simply came to our notice then. In no case can the death sentence be carried out before the appeal is disposed of. There is no chance of taking the matter lightly. 'He said,' We have to find out why and how their death sentence was carried out. At the same time, strict action must be taken against those responsible. '

Source: Daily Protidin