Senior lawyers call pardoning Sajeda's son, an error Nobody can get benefit of law without surrendering to it, according to eminent criminal lawyer and principal Counsel of Bangabandhu Murder case Advocate Anisul Huq. Advocate Huq made this remark when his opinion was sought regarding exoneration of punishment of Sadab Akbar Chowdhury, son of Deputy Leader of Parliament Sajeda Chowdhury. He said the President by exoneration of the punishment of Sadab has committed an error. Meanwhile, the Ministry of Home Affairs in a clarification on Sunday said that the President exonerated the punishment of Sadab Akbar Chowdhury in exercise of the power under Article 49 of the Constitution. Article 49 of the Constitution, the Home Ministry said, enunciates that the President can exonerate, suspend or reduce any punishment or conviction given to anybody by any court, tribunal or any other authority. Anisul Huq said three principles are required to be followed to get presidential exoneration in criminal justice system. The person seeking such benefit, he said, has to seek unconditional mercy. He said there is no scope to consider any benefit of law for anyone absconding. He said one can seek benefit of law only by surrendering to it. Huq said if these principles are not properly complied with, it becomes difficult to uphold the criminal justice system. Sadab has not yet surrendered to law showing respect to it. He has been absconding from the beginning. There is no scope for any absconding person to get benefit of law. The exoneration authority of the President as has been mentioned in the Constitution can be applied in compliance with the principles of criminal justice system. As such, Sadab cannot get any benefit of law without surrendering to law. Anisul Huq said the President himself is a lawyer and by exonerating the punishment of Sadab, son of Deputy Leader of the Parliament Sajeda Chowdhury, he has committed an error. The President , he said, should have gone through the case more deeply as he understands the matter better. Advocate Anisul Huq said that the case perhaps, was not properly placed before the President. He said probably he was not "well briefed of the case." When the attention of Anisul Huq was drawn to previous cases of Presidential exoneration of the case of convicted Jhintu or teachers of Dhaka University, Anisul Huq said all of them surrendered to the law. Jhintu, he said was sent to jail following surrender and was exonerated later. The teachers, he said, were behind the bars. Eminent lawyer Khondker Mahabubuddin echoed the views and said anybody seeking the benefit of law must surrender to it. He said in case of Sadab, son of Deputy Leader of the Parliament Sajeda Chowdhury, it was not complied with. http://nation.ittefaq.com/issues/2009/11/18/news0866.htm |
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