Ataur Mridha v The State (2017)

Ataur Mridha alias Ataur vs The State

Reference : 15 SCOB [2021] AD 1

Jurisdiction : Bangladesh

Petitioner : Ataur Mridha alias Ataur
Respondent: The State

Facts :

Victim Jamal was gossiping with Aftab, Abdul Barek and Yeamin beside the road adjacent to Charabag Madrasha in front of the shop of Oliullah on 16.12.2001. Ataur and two more accused indiscriminately fired at the deceased causing his death instantaneously. 15 witnesses were examined. As there was no inconsistency, the case was easily tried by the Speedy Trial Tribunal. The tribunal rightly found the appellants and another guilty of charges under the Sections 302/34 of the Penal Code, 1860.

Then the petitioner filed criminal appeal and jail appeal before the High Court Division against the decision of the Speedy Trial Tribunal. On 30.10.2007, the appeal was dismissed. Later on, the petitioner filed criminal petition for leave to appeal. By the judgment and order of the Appellate Division, dated 14.02.2017, passed in Criminal Appeal No.15 of 2010 in which his sentence of death was commuted to imprisonment for life, which would see him imprisoned for the rest of his natural life.

In this recent case the petitioner sought review of the Judgment by the Appellate Division dated 14.02.2017 passed in Criminal Appeal.

Issues :
Whether “imprisonment for life” means imprisonment for the rest of the natural lifespan of the convict or anything less in the context of the Penal Code, 1860; the Criminal Procedure Code, 1898; the Prisons Act, 1894; and the Jail Code.

Decision :

The review petition was disposed of with the following observations and directions.

1. Imprisonment for life prima-facie means imprisonment for the whole of the remaining period of convict’s natural life. In Section 53 of the Penal Code, 1860 ❝Imprisonment for Life❞ is mentioned.
2. Imprisonment for life can 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. This epoch-making observation has changed the whole interpretation of ❝imprisonment of life❞. A new judicial precedent was set. If court declares that convicts will be sentenced to imprisonment for the whole of the remaining period of convict’s natural life, convicts will not get benefit of the Section 35A of CrPC, the Prisons Act and other relevant Acts.
4. In the Judgment (point number 75) it has been stated that petitioner’s counsel argued that the interpretation of imprisonment for life should mean imprisonment for 30 years. In addition, the prisoner has been entitled to remission and other deductions under different provisions of law, such as the Penal Code, the Code of Criminal Procedure, the Prisons Act and the Jail Code. He submitted that the provision appearing in Section 45 of the Penal Code must be read harmoniously with the provisions in Sections 53, 54 and 55A of the Penal Code, which clearly indicate that life imprisonment needs not necessarily be for the entirety of the remaining life of the prisoner.
5. Muhammad Imman Ali, J. and Hasan Foez Siddique, J. both badly felt the absence of appropriate sentencing guidelines. In the point number 149 of Judgment, Hasan Foez Siddique, J said, ❝A statutory guideline is required for the sentencing policy.❞

It was finally decided that the review petition was modified to the extent that the convict would be sentenced to suffer imprisonment for life and to pay fine of taka 5000/-, in default, to suffer rigorous imprisonment for 2(two) months more. Here, imprisonment for life means 30 years of imprisonment because Sections 45 and 53 were read along with Sections 55 and 57 of the Penal Code and Section 35A of the Code of Criminal Procedure.

Relevant Laws :

1. The Penal Code, 1860
   • Section 45, 53, 55, 57
2. The Code of Criminal Procedure, 1898
   • Section 35A

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Author :
1. Farah Arifin

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