Dhaka, Mar 2 (bdnews24.com) – The High Court on Tuesday pronounced unconstitutional a section of the already amended Women and Children Repression (Special Provision) Act of 1995 that set the death penalty for killing women and children after rape.
The bench of justice Md Imman Ali and justice Md Abu Tariq gave the ruling on a writ petition filed by rights organisation Bangladesh Legal Aid and Services Trust (BLAST) and a death-row convict Shukur Ali.
The section 6(2) of the law had kept provision of death penalty for killing women and children after rape. The law was repealed on Feb 14, 2000 with the enforcement of Women and Children Repression Act of 2000, which provides either life-term or death penalty for the same offence.
The new law keeps a provision that the offences committed during the enforcement of the previous law would be tried under that law.
Shukur Ali, an accused in the rape and killing of a minor at Shibaloy under Manikganj district in 1996, was sentenced to death on July 12, 2001 under the 1995 law.
The High Court and the Appellate Division also upheld the lower court verdict against him in 2004 and 2005 respectively.
Shukur and BLAST filed the writ petition in 2005 seeking order pronouncing unconstitutional the section 6(2) of 1995 law, as well as declaring the verdict against him illegal.
The High Court bench did not pronounce the verdict illegal but stayed its execution for two months so that the petitioners, if wish, can go to the Appellate Division against its ruling.
Advocates MI Faruqi and Ruhul Kuddus Babu stood for the petitioners during the hearing.
bdnews24.com/at/sr/am/2052h.
