SC lawyer files writ challenging president’s power to pardon death-row convicts

A Supreme Court lawyer has filed a writ petition challenging the legality of the president's jurisdiction to pardon death-row convicts without formulating any policy in this regard.

Lawyer Ishrat Hasan filed the writ in public interest with the relevant branch of the High Court today (20 January).

"The writ may be heard by a High Court bench this week," she told journalists. 

"For years, there has been gross abuse of the president's pardoning power. Convicted murderers have been pardoned by abusing the presidential power during the previous government which has created fear amongst the public about ensuring justice. They feel disappointed with getting justice," she added.

"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 pardoning power will not be declared unconstitutional. 

Besides, it also seeks the introduction of a policy in regard to the application of the president's power.

"Article 49 of the constitution empowers the president to pardon [convicts]. This power of pardon is arbitrary. There is no policy on who can be pardoned and on what grounds, which is in conflict with Articles 7, 27, 31 and 32 of the constitution. Many convicts have already been pardoned due to misuse of this power," says the writ.

During the Awami League government's 15-year-long rule, many death-sentence convicts were pardoned by the president. Some of such major convicts include former army chief Gen Aziz Ahmed's brother and top terror Joseph and former Jubo League leader Aslam Fakir.

Joseph, sentenced to death in 2004 for the murder of Freedom Party leader Mostafizur Rahman Mostafa, was released from jail in May 2018.