Appellate division of the Supreme Court put a temporary hold on Wednesday on a High Court ruling that banned keeping death row inmates in isolation until their sentences are finalized.

Justice M Enayetur Rahim, a judge in a special chamber of the Supreme Court, issued the stay order after the government appealed the High court's decision.

On May 13, Bangladesh's High Court ruled that death row inmates with appeals still in process cannot be held in solitary confinement cells. The court mandated prison officials to move these inmates to regular cells within two years, beginning immediately.

The High Court's ruling stemmed from a petition filed by three death row inmates: Zillur Rahman from Chattogram, Abdul Bashir from Sylhet, and Shah Alam from Cumilla.

Their lawyer, Mohammad Shishir Manir, explained the case's journey: In 2021, the High Court issued a rule questioning the legality of keeping death row inmates in solitary confinement before their sentences are finalized.

The rule also challenged the constitutionality of a specific section (Section 980) of the Jail Code related to this practice. The court additionally ordered prison authorities to provide a report on condemned cell inmates within six months. The May 13 verdict was the outcome of the hearing on this rule.

In its observations, the court recognized solitary confinement in condemned cells as a form of punishment itself. Therefore, keeping someone there after a final sentence constitutes additional punishment, which is not legal.

The High Court's verdict stated that death sentences issued by trial courts don't automatically translate to solitary confinement. Inmates can only be held in condemned cells after all appeals (heard by the High Court), review petitions (considered by the Appellate Division of the Supreme Court), and mercy petitions (decided by the president) have been exhausted.

The High Court's verdict not only addressed solitary confinement, but also extended its reach in other areas. The court urged the government to consider these decisions and observations during its prison code reform efforts.

Additionally, it mandated prison authorities to provide incarceration details upon request under the Right to Information Act, promoting transparency.

The verdict also addressed bail applications for death row inmates. Recognizing the current practice of rejecting such pleas, the court instructed that these inmates should have the right to petition for bail while their appeals are ongoing.