DHAKA, Bangladesh – The High Court in Bangladesh has requested the government to provide an explanation within four weeks as to why the practice of awarding death sentences without establishing sentencing guidelines should not be deemed unconstitutional. This decision came after the court heard a writ petition filed by Supreme Court lawyer Ishrat Hasan and was issued by the bench of Justice Mustafa Zaman Islam and Justice Md Atabullah.
The petition specifically names the secretaries of the ministries of law and home, as well as the Supreme Court’s registrar as respondents. Ishrat Hasan argued in front of the court that judges have been handing out death sentences arbitrarily due to the absence of clear sentencing guidelines. She emphasized the need for judges to provide reasons in the verdict when awarding a death sentence.
Furthermore, she pointed out that judges have been including reasons in the verdicts explaining why an offender was not given a death sentence, if the accused is found guilty of a crime that carries a death sentence. The implementation of sentencing guidelines, according to Hasan, would define sentences based on the severity of the crimes, allowing the court to adhere to these guidelines when sentencing offenders.
The lack of established guidelines for sentencing offenders has raised concerns about the arbitrary nature of death sentences being handed out by judges. By demanding an explanation from the government, the High Court is taking a step towards ensuring that the practice of awarding death sentences is carried out in a fair and transparent manner. This move emphasizes the importance of having clear guidelines to guide the sentencing process, ultimately aiming to uphold the principles of justice and fairness within the legal system.