Why condemn cell before the Death Reference confirmation?

Sadiya S. Silvee writes for DOT : The period prisoners spend on death row in Bangladesh is an emerging issue. During this time, the prisoners under sentence of death are “confined in a cell apart from all other prisoners, and are placed by day and by night under the charge of a guard” [Section 30, sub-section (2) of the Prisons act, 1894]. Additionally, they are excluded from prison educational and employment programs, and sharply restricted regarding visitation. This raises the question – Why a prisoner under sentence of death has to wait in the death row after the conviction?
According to Section 374 of CrPC, “When the Court of Session passes sentence of death, the proceedings shall be submitted to the High Court Division, and the sentence shall not be executed unless it is confirmed by the High Court Division.” This implies that without the confirmation from the High Court Division (HCD) any convict punished with the death penalty shall not be executed. Here another question arises then, – Why to send the convict to the condemn cell before the Death Reference confirmation?
Does it means our legislatures have prescribed two distinct punishments for such prisoners, i.e., the death sentence itself, and the years of living in conditions tantamount to solitary confinement? In fact, in this distinct solitary confinement, designed particularly for them, the prisoners on death-row live in a state of constant uncertainty over when they will be executed. Is it because the legislatures believed a death sentence makes a convict beyond the law and should be isolated?
However, after a Court of Session convicts the accused person and awards death sentence the convict gets the opportunity to file a jail appeal and criminal appeal. In fact, the doors of the Appellate Division is also open for the convict to prayer for justice if the HCD confirms the death reference. Then, why to send the convict to the condemn cell before the Death Reference confirmation?
One might argue if such prisoners are not separated from the other prisoners before the Death Reference is confirmed they might become an unbridled horse and commit prison offences. It is noteworthy to mention here that Section 45 to 53 of the Prisons act, 1894 deals with the prison offences and punishment of such offences committed by any prisoner. This implies, that even if the prison offences are committed by a prisoner under sentence of death, the Superintendent has the authority to punish such prisoner accordingly. So, why to send the convict to the condemn cell before the Death Reference confirmation?
Here it is noteworthy to mention Death Reference No. 15 of 2011 and Death Reference No. 41 of 2011, where the convicted persons were acquitted by HCD after spending 6 and 10 years respectively. This indicates there is a possibility that the decision of Court of Session might completely get altered by the HCD when the Death Reference case is presented for confirmation. Then, why to send the convict to the condemn cell before the Death Reference confirmation? This question requires special attention of the Judiciary.
The writer is a Research Assistant at Bangladesh Institute of Law and International affairs (BILIA) and Adjunct Lecturer at Green University of Bangladesh. She is also associated with the Centre for International Sustainable Development Law (CISDL) as a Legal Researcher.