AbstractFrom the judgment and order dated 17.9.2013 passed by the Appellate Division in Criminal Appeal Nos.24-25 of 2013, review petitions were filed, which the Supreme Court found maintainable. A review petition should not be equated with an appeal. In criminal matters, the power of review must be limited to an error which have a material, real ground on the face of the case. The finality attached to a judgment at the apex level of the judicial hierarchy upon a full fledged hearing of the parties should be re-examined in exceptional cases and a review is not permissible to embark upon a reiteration of the same points. The period of limitation provided in the Appellate Division rules will not be applicable in respect of a review petition from a judgment on appeal under the Act of 1973. The period of limitation is fifteen days and the review petition should be disposed of on priority basis. If a warrant of death for execution is communicated to the Jail authority after it is confirmed or imposed by this Division, the condemned prisoner should be afforded an opportunity to file a mercy petition and he should also be afforded an opportunity to meet his near ones before the execution of the sentence. If the jail authority fixes a date for examination of the sentence, the same cannot be taken as has been done hurriedly. If any review or mercy petition is filed or pending, the sentence cannot be executed unless the petitions are disposed of. So, the period of seven days or twenty one days mentioned in sub-rules (I) and (VI) of rule 991 of the Jail Code have no force of law under the changed conditions. However, the Court found no merit in these review petitions, and as such both petitions are accordingly dismissed for lack of merit.
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Language : English
Entry Type : Case Law, ICT-BD Judgments and Orders
Uploaded By : Rayhan Rashid
Upload date : Thursday, 12 December 2013