A Supreme Court (SC) lawyer has filed a writ petition challenging the president's authority to grant pardons to convicted individuals without formulating a policy in this regard.
Lawyer Ishrat Hasan filed the writ in public interest with the relevant branch of the High Court Monday (January 20).
The writ may be heard by a High Court bench this week, according to the lawyer.
Ishrat said year after year, the president’s power to pardon has been grossly misused. During the previous government tenure, convicted murderers have been pardoned by abusing the presidential power which has created fear amongst the public about ensuring justice. They feel disappointed with getting justice.
So, policies must be formulated to prevent misuse of this power, said Ishrat.
The cabinet secretary, law secretary, home affairs secretary, parliament secretary and the secretary to the president's office have been made defendants to the writ.
The writ seeks a ruling by the court questioning why the president's authority to pardon convicted individuals without a guiding policy should not be declared unconstitutional.
In addition, it also seeks the formulation of a comprehensive framework to govern the exercise the president's clemency powers.
The petition states, "Article 49 of the constitution empowers the president to pardon (convicts). This power of pardon is arbitrary. However, there is no policy on who can be pardoned and on what grounds.
According to the petition, this lack of regulation conflicts with Articles 7, 27, 31, and 32 of the Constitution
It alleged that many convicts have already been pardoned due to misuse of this power.
The writ also highlights controversial cases of the persons pardoned under the president’s clemency, include Tofail Ahmed Joseph, the brother of former army chief Gen Aziz Ahmed and a convicted criminal, and former Juba League leader Aslam Fakir.
Joseph, convicted in the murder of Freedom Party leader Mustafa, was sentenced to death by a Dhaka court in 2004. He was released from jail in May 2018 under the president’s pardon.
NY