High Court Orders State Defence Counsel

The High Court has directed the appointment of a state-funded defence lawyer for death-row convicts Sohel Rana and his wife, Swapna Akter, who were sentenced to death for the rape and murder of an eight-year-old child in Pallabi, Mirpur, in the capital.

The order was issued on Tuesday by a High Court bench comprising Justice Bhishmadev Chakrabortty and Justice K M Rasheduzzaman Raja.

The case stems from a verdict delivered on 7 June by the Dhaka Metropolitan Child Violence Suppression Tribunal. The trial court sentenced both accused to death 19 days after the incident. In addition to the capital punishment, the tribunal imposed a fine of Tk 500,000 on Sohel Rana and Tk 200,000 on Swapna Akter.

Following the trial court’s verdict, all relevant documents, including the judgment, were sent to the High Court’s Death Reference Branch on 9 June for mandatory judicial review. The matter was subsequently registered as a death reference case.

On 11 June, both convicts filed separate jail appeals through the prison authorities challenging the trial court’s judgment. The admissibility of the appeals was heard on 14 June before another High Court division bench comprising Justice Mohammad Ali and Justice Md Saiful Islam. The bench accepted both appeals for hearing.

Priority Bench for Death References

In response to cases involving offences under laws relating to violence against women and children, the Chief Justice constituted a dedicated High Court bench on 10 June to hear death references, appeals and related matters on a priority basis.

The bench comprising Justice Bhishmadev Chakrabortty and Justice K M Rasheduzzaman Raja began its proceedings on 14 June. The Pallabi case appeared as the first item on the day’s cause list for orders relating to the death reference.

Deputy Attorney General Mohammad Imam Hossain Tarek and Syed Ejaz Kabir represented the state during the proceedings.

Procedural Status of the Case

Under Bangladesh’s criminal justice system, a death sentence passed by a trial court cannot be carried out unless it is approved by the High Court. This mandatory review process is known as a death reference. Convicted persons also have the right to file jail appeals, regular appeals and other applications against the judgment.

Death references and related appeals are generally heard together. Before the hearing can proceed, a paper book containing the case record and relevant documents must be prepared.

Deputy Attorney General Mohammad Imam Hossain Tarek stated that the paper book in the Pallabi case has already been prepared. He said the court had instructed the Solicitor Office to appoint state-funded defence counsel for the convicted persons. Following the appointment and completion of related procedural requirements, the case will be ready for hearing.

According to the case record, the child was raped and murdered on 19 May. On the day of the incident, the child’s dismembered body was recovered from a flat in a building in Pallabi. Before the recovery of the body, Sohel Rana, a resident of the flat, allegedly escaped by breaking the grille of a bathroom window. His wife, Swapna Akter, was detained from the residence at the scene.

Later that evening, Sohel Rana was arrested in Fatullah, Narayanganj. Following the incident, the victim’s father filed a case with Pallabi Police Station. The legal proceedings are now continuing before the High Court through the death reference and appeal process.