Consensus reached on limiting presidential pardon powers, decentralising judiciary: Ali Riaz

Political parties have reached a consensus on reforming the constitutional provisions related to presidential pardons and decentralisation of the judiciary, Vice-Chairman of the National Consensus Commission Professor Ali Riaz said today (3 July).

Watch Ali Riaz's remarks

"There has been widespread misuse of the president's power to grant clemency in the past. Recognising this, political parties agreed on the need to amend Article 49 of the Constitution," he told reporters during a briefing at the Foreign Service Academy in Dhaka, following the ninth day of the second phase of dialogues between the commission and political parties.

He said the agreed amendment stipulates that "the president shall have the power to grant clemency, deferment and respite of any sentence passed by any court, tribunal or other authority and to pardon, suspend or reduce any sentence and that power shall be exercised in accordance with the criteria, principles and procedures laid down by law." 

Ali Riaz expressed optimism that this political consensus will help curb the historical misuse of this power.

Professor Riaz said there has been consensus on establishing one or more permanent High Court benches in each administrative division, with a view to decentralising the judiciary. He noted that to implement this reform, a clear amendment to Article 100 of the Constitution will be required.

Commission members Justice Md Emdadul Haque, Safar Raj Hossain, Badiul Alam Majumder, Md Ayub Mia, and Special Assistant to the Chief Adviser Monir Haider were present at the briefing.

Representatives from 30 political parties – including the BNP, Jamaat-e-Islami, National Citizen Party (NCP), Gono Odhikar Parishad, Gano Sanghati Andolon, Communist Party of Bangladesh (CPB), Biplobi Workers Party, and Amar Bangladesh (AB) Party – participated in the day's discussions.

'Judicial independence will be ensured only after removing fascists'

True independence of the judiciary in Bangladesh can only be achieved by removing fascist influences from both the upper and lower courts, BNP Standing Committee Member Salahuddin Ahmed said.

"You can see what's happening—from the district courts to the High Court. Those aligned with the Awami League, who are collaborators of fascism and accused of heinous crimes, are easily securing bail," said Salahuddin while talking to reporters following the ninth day of talks of the National Consensus Commission.

"Who's allowing this? The agents of fascism. We want complete constitutional and legal independence of the judiciary, but for that to happen, these fascist elements must first be removed," he added.

Salahuddin further alleged that certain elements within the lower judiciary had convened courts at night to illegally sentence BNP leaders, activists, journalists, and civil society members.

IIndividual criminal liability must be assigned to such individuals, he added.

"It's not just about losing a job, they must face legal consequences. Only then can actual judicial independence be realised. Otherwise, any reform will only benefit those who have already misused the system."

Regarding the president's power to grant clemency, Salahuddin criticised what he described as repeated abuse of that authority in the past.

"Even convicted death row inmates have been pardoned repeatedly, sending a dangerous message that promotes impunity. This has raised concerns that such unchecked authority should not continue," the BNP leader said.

He proposed that the power of presidential pardon should be limited through legal reforms, policy guidelines, and the formation of a review board.

"We have reached a consensus on this issue in principle," he said.

On the issue of relocating permanent High Court benches to divisional cities, Salahuddin said that previous constitutional amendments aimed at such decentralisation were struck down through legal petitions, citing the country's unitary form of government.

"This time, any amendment must involve discussions between the government, the chief justice, and the judiciary," he added, emphasising that relocating the HC to divisional cities is a public demand.

'Undoubtedly a major achievement'

The Jamaat-e-Islami has welcomed the consensus reached on establishing permanent High Court benches in divisional cities outside Dhaka, calling it "undoubtedly a major achievement."

Speaking to reporters after yesterday's talks, party's Nayeb-e-Ameer Syed Abdullah Mohammad Taher said, "All parties agreed the Supreme Court would remain centralised in Dhaka as per the Constitution. However, there was unanimous support for amending Article 100 of the Constitution to allow for permanent High Court benches outside the capital."

Taher said, "Everyone agrees that justice should be brought closer to the people. We believe that only permanent benches — not circuit benches — can address this need effectively."

Taher mentioned concerns raised during the dialogue about the availability of sufficient judges and the willingness of judges and competent lawyers to operate outside Dhaka.

"Yes, initially we may have fewer judges and lawyers in the regions, but if we increase recruitment fivefold and invest in training both domestically and abroad, this won't be an issue," he said, noting that even districts like Cox's Bazar have over a hundred lawyers, many of whom already practice in the SC.

Taher also addressed the issue of presidential pardons, highlighting past abuses of this constitutional power.

"There have been instances where even government-recognised top criminals were pardoned by the president. To prevent such misuse, we have proposed a review body whose recommendations would be binding on the president before granting any pardon," he said.

Taher further said the commission agreed on a new provision that would require the consent of victims' families in cases of common crimes before any pardon could be issued by the president.

The National Consensus Commission has scheduled the next round of talks for 7 July. 

So far, discussions have covered key constitutional issues including Article 70, parliamentary standing committee chairmanship, constituency delimitation, presidential clemency powers, and judicial decentralisation.