HC seeks list of Presidential pardons issued over past three decades

The High Court (HC) on Sunday issued a rule asking the government to explain why it should not publish a list of individuals whose sentences have been commuted, suspended, or pardoned by the President of Bangladesh under Article 49 of the Constitution over the past 33 years.

The bench comprising Justice Kazi Zinat Hoque and Justice Aynun Nahar Siddiqua issued the rule following a hearing on a writ petition filed by Senior Advocate Barrister Omar Faruk.

The court further questioned the legality of the inaction by government officials who failed to make this list public. A second rule was issued asking why this failure should not be declared illegal and unconstitutional.

The Cabinet Division Secretary, the Home Affairs Secretary, and the Public Division Secretary of the President’s Office were made respondents to the rule, which is returnable within four weeks.

Barrister Faruk submitted the petition in March this year after serving a legal notice on August 25, 2023, requesting the list of all convicts who received presidential clemency from 1991 to July 31, 2024. The notice had demanded the list be made available within 15 days.

According to the notice, the public has a constitutional right to know how such presidential decisions are made, on whose recommendations, and under what criteria. It stated that many of those pardoned were convicted of serious crimes, including murder, and that some reportedly returned to criminal activities, disrupting public safety and peace.

“The people have a right to transparency in the use of presidential powers, especially when it affects law enforcement and justice,” Barrister Faruk said, adding that the issue holds significant public interest.

The petition argued that repeated presidential clemencies granted to notorious criminals without public disclosure undermines public trust in the justice system and could allow criminal elements to regain influence in society.

The High Court’s move marks a significant step toward increased transparency in the exercise of constitutional powers and accountability of public institutions.