HC issues rule on legality of presidential clemency without policy
NN Online:
The High Court (HC) issued a rule on Monday, questioning the constitutionality of the President’s power to grant pardons to convicted individuals without an established policy.
The court also sought explanation as to why a policy regarding the exercise of the President’s power to pardon convicts should not be created.
The High Court bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury issued the rule following a preliminary hearing on a public interest petition.
Advocate Ishrat Hasan represented the petitioner while Deputy Attorney General Mohsin Kabir Roky appeared on behalf of the state.
Earlier, the Judiciary Reform Commission had recommended limiting the President’s unilateral power to pardon convicted criminals by establishing a board to oversee such decisions.
On January 5, the commission submitted a report with these recommendations to the chief adviser.
On January 20, a writ petition was filed in the High Court challenging the legality of the president’s power to grant pardons without any policy in place.
Adv Ishrat, who filed the writ, sought the formulation of a policy to guide the use of the president’s pardon power.
Ishrat argued that the president’s power to pardon had been repeatedly misused, particularly during the previous government when convicted murderers were pardoned.
Cabinet secretary, law secretary, home secretary, parliament secretary, and secretary of the president’s Office were made respondents in the writ petition.