The Impact of Ataur Mridha Case on Prevailing Life-Sentence System in Bangladesh: An Appraisal and Review

Abstract

A determinate sentencing system in Criminal Law of a country provides an idea of offense and its specific term of punishment to serve. It upholds the consistency in criminal justice system. But it is a bitter truth that, in Bangladesh there is no existence of specific sentencing guideline. This thesis analyzes the existing life-sentencing system of Bangladesh and tries to show the perplex circumstances in legal system of Bangladesh for the absence of specific sentencing guideline. Thus the main focus of this research is to find out that how much the judgment held by the Appellate Division in the case Ataur Mridha vs The State in Bangladesh is justified and ensures the rights of the life convicts and its effect on the existing legal system of Bangladesh. It aims to uphold the analytical discussions of the cases of other countries but predominantly Indian and Bangladeshi cases from the perspective of legal provisions and judicial decisions. These questions are also explored from the perspective of a range of jurisdictions that draw on empirical research. This thesis paper is prepared on the basis of a qualitative research by content analysis which shows the precedent by the Appellate Division is contradictory and repugnant to many existing laws of Bangladesh. The result comes out from the research focuses on the absurd consequence for the prisoners by the Appellate Division and the violation of their rights both in domestic law.