The prisons authorities said the execution is possible during the present government's tenure if the militants do not appeal against the verdict or seek mercy from the president.

Meanwhile, the Supreme Court (SC) registrar in a letter yesterday asked the jail authorities to stay the execution of Iftekhar Mamun following his jail appeal against the High Court's death penalty.

The High Court had upheld the death sentence delivered by the lower court against seven militants of Jama'atul Mujahideen Bangladesh (JMB) for their involvement in Jhalakathi judges killing. Of the seven, one has been absconding, while others are in jail.

Law Minister Moudud Ahmed, who on Monday said the death sentence cannot be executed during the Ramadan, also said yesterday they are examining whether the government order circulated in this connection in 1982 is still in effect.

Meanwhile, high officials of the prisons department are not clear about the government circular.

One high official told The Daily Star yesterday that the circular did not specifically stop execution of the condemned during the Ramadan. "The circular says execution 'can be avoided' during this one month, but it has not been made obligatory," he said.

"Generally, we do not hold any execution during the Ramadan and it has become a custom," he added.

Some of jail officials said they are now examining the contents of the government circular, including on what perspective it was issued and whether its effect is still valid.

However, prisons sources said only the jail authorities have the jurisdiction to fix the date for execution of the convicts.

As per rules, the convicted militants, who were read out the warrant for execution on Friday and Saturday, will be able to appeal against the death penalty in seven days ending on September 29 and 30.

So, if the convicts do not appeal against the verdict by next Friday or Saturday, the prisons authorities can hang them on any day of the following week after October 21, said a prisons official.

Even if the prisons officials maintain the government circular and fix a date after the Ramadan, it is possible to execute the death sentence before the government hands over power to the caretaker government.

The prisons officials will get four days if the Ramadan ends on October 23 and three days if the Ramadan ends on October 24 to execute the death sentence. There is no rule against execution on Eid day, said a top jail official.

If any of the seven condemned militants does not appeal or seek mercy from the president in due time, the jail authorities will fix the execution date and inform the home ministry about it.

"If the home ministry suggests adjusting the date, the jail authorities can change the date. But the new date must be set before October 28," he said.

"We will proceed as per the regulations," Inspector General Prisons Brigadier General Zakir Hasan told The Daily Star yesterday.

Meantime, confusion has arisen over counting of the 21-day time-bar as many said the counting will start from the day of reading out the warrant of execution before the convicts. According to them, the 21-day period ends on October 13 and 14.

The period for the execution, in that case, ends on October 20 and 21. If the jail authorities do not follow the government circular, they can execute the verdict during the Ramadan.

MAMUN'S APPEAL
Iftekhar Mamun sent his appeal through the Kashimpur jail authorities on Monday. The SC registrar received the appeal yesterday.

SC Registrar Fazlul Karim told The Daily Star that he asked the jail authorities to stay the execution of Mamun until disposal of his appeal in the Supreme Court. The appeal may be placed before the SC chamber judge on October 5, he said.

The five other convicts are JMB chief Abdur Rahman, Siddiqul Islam Bangla Bhai, Ataur Rahman Sunny, Abdul Awal and Khaled Saifullah. None of them has yet placed any appeal against the HC verdict.

However, family sources said they are preparing to appeal for Bangla Bhai, Awal and Saifullah.