Wholesale pardon under question
14 out of 20 death convicts in Gama killing case step out of jail; president's mercy draws mixed reaction
Sohag holding a table fan and Formajul with a TV antenna come out of Rajshahi Jail yesterday. They are among death row inmates of Jubo Dal leader Gama killing case pardoned by the president. They brought along the antenna and table fan when they went to jail.
The law ministry had recommended President Zillur Rahman to grant clemency to the 20 death row inmates convicted in the Gama killing case. Fourteen of the 20 convicts were released from Dhaka and Rajshahi central jails early yesterday. Six were not released as they have other charges against them, said jail officials.
The ministry made the recommendation after scrutinising the court's verdict, evidence and documents. It also considered the convicts' age and financial condition of their families, Law Minister Shafique Ahmed told The Daily Star."We have only given our opinion to the president that he can grant mercy if he desired," he said.
The ministry made the recommendation after scrutinising the court's verdict, evidence and documents. It also considered the convicts' age and financial condition of their families, Law Minister Shafique Ahmed told The Daily Star."We have only given our opinion to the president that he can grant mercy if he desired," he said.
http://amardeshonline.com/pages/details/2010/09/08/43236
Home Secretary Abdus Sobhan Sikder said according to Article-49 of the constitution, the president has absolute power to grant mercy to any convict.The article said, "The president shall have power to grant pardons, reprieves and respites and to remit, suspend or commute and sentence passed by any court, tribunal or other authority."
This presidential clemency, however, generated mixed reaction among eminent jurists and rights activists.Some of them demanded disclosure of the grounds under which the 20 were granted clemency since the matter was sensitive and unusual.
Some of them had also expressed astonishment at the fact that 21 people were condemned for the killing of just one person, Jubo Dal leader Sabbir Ahmed Gama in 2004. Gama was the nephew of former BNP deputy minister Ruhul Quddus Talukdar Dulu.
The president granted mercy to 20 convicts out of the 21 in the case. The home secretary said the president did not grant mercy to one since he is still running from the law.
When asked whether they found the 20 people innocent, the law minister said it was not a question of innocence or guilt it was a question of mercy, which the president can grant as per his constitutional power.
"The law ministry has not made the opinion on any political consideration. We have only placed our opinion to the president that he has absolute constitutional power to give clemency to convicts. The president could have refused to grant the mercy if he had wished," Shafique said.
Ruhul Quddus Talukdar Dulu, however, told The Daily Star that the clemency was given considering political affiliation of the convicts. Shafique said the law ministry made the recommendations to the president as per requirements of the Ministry of Home Affairs.Replying to a question, he said there are many precedents of presidents granting death row inmates mercy.
Attorney General Mahbubey Alam said the president has the right to do so. The attorney general, however, refused to comment further saying he does not have the related documents.
Renowned criminal law expert Anisul Huq said, "The president has absolute and exclusive constitutional power and discretion to grant mercy to any convict and he can do it." He, however, could not recall whether any president had ever granted 20 convicts mercy at one go.
Eminent jurist Shahdeen Malik said, "Apparently both the verdict and the presidential clemency seemed very unusual."
"This has inevitably led the perception of misuse or abuse of the presidential power to pardon," he said, adding, "This does not augur well for our state or its future."
Former caretaker government adviser and leading human rights activist Sultana Kamal said, "As both the court and the president are the highest places of our expectations, we want and expect true and impartial judgments from them."
Home Secretary Abdus Sobhan Sikder said according to Article-49 of the constitution, the president has absolute power to grant mercy to any convict.The article said, "The president shall have power to grant pardons, reprieves and respites and to remit, suspend or commute and sentence passed by any court, tribunal or other authority."
This presidential clemency, however, generated mixed reaction among eminent jurists and rights activists.Some of them demanded disclosure of the grounds under which the 20 were granted clemency since the matter was sensitive and unusual.
Some of them had also expressed astonishment at the fact that 21 people were condemned for the killing of just one person, Jubo Dal leader Sabbir Ahmed Gama in 2004. Gama was the nephew of former BNP deputy minister Ruhul Quddus Talukdar Dulu.
The president granted mercy to 20 convicts out of the 21 in the case. The home secretary said the president did not grant mercy to one since he is still running from the law.
When asked whether they found the 20 people innocent, the law minister said it was not a question of innocence or guilt it was a question of mercy, which the president can grant as per his constitutional power.
"The law ministry has not made the opinion on any political consideration. We have only placed our opinion to the president that he has absolute constitutional power to give clemency to convicts. The president could have refused to grant the mercy if he had wished," Shafique said.
Ruhul Quddus Talukdar Dulu, however, told The Daily Star that the clemency was given considering political affiliation of the convicts. Shafique said the law ministry made the recommendations to the president as per requirements of the Ministry of Home Affairs.Replying to a question, he said there are many precedents of presidents granting death row inmates mercy.
Attorney General Mahbubey Alam said the president has the right to do so. The attorney general, however, refused to comment further saying he does not have the related documents.
Renowned criminal law expert Anisul Huq said, "The president has absolute and exclusive constitutional power and discretion to grant mercy to any convict and he can do it." He, however, could not recall whether any president had ever granted 20 convicts mercy at one go.
Eminent jurist Shahdeen Malik said, "Apparently both the verdict and the presidential clemency seemed very unusual."
"This has inevitably led the perception of misuse or abuse of the presidential power to pardon," he said, adding, "This does not augur well for our state or its future."
Former caretaker government adviser and leading human rights activist Sultana Kamal said, "As both the court and the president are the highest places of our expectations, we want and expect true and impartial judgments from them."
"As citizens, we expect an explanation from the government about the grounds on which those 20 people were granted presidential clemency," she said.Home Secretary Abdus Sobhan Sikder ruled out the need for any explanation from the government.
Pardoned convicts Naldanga Awami League unit former secretary SM Firoz, his brother school teacher Fazlul Huq Shah, Anisur Rahman Ansar, Sentu, Faisal, Faruq, Rahidul, Shahjahan Ali, Badal Miah and Abdul Jalil were freed from Dhaka Central Jail while Muhammad Bablu, Zahirul Shah, Formajul Islam and Sohag were released from Rajshahi Central Jail early yesterday.
The six who were pardoned but not released are Sajjad Hossain, Abul Hossain, Ataur Rahman alias Mobarak, Ashraf alias Rana, Foyjul Haque and Fakar Uddin alias Potu Master.
A Speedy Trial Tribunal in 2006 awarded the 21, most of them Awami League adherents, capital punishment for gunning down Gama in Natore.Of them 20 were granted presidential pardon Thursday and one condemned, Akhbar Ali, still remains absconding.However, Asaduzzaman, son of released Anisur Rahman Ansar, claimed that the then deputy minister Dulu had influenced the trial process.
He said 13 members of his family were accused of murder even though they had left Natore a year before the incident. He said they had to leave Natore following oppression by local BNP men after the 2001 election. Dulu, however, refuted the allegations.
http://www.thedailystar.net/story.php?nid=154123
Pardoned convicts Naldanga Awami League unit former secretary SM Firoz, his brother school teacher Fazlul Huq Shah, Anisur Rahman Ansar, Sentu, Faisal, Faruq, Rahidul, Shahjahan Ali, Badal Miah and Abdul Jalil were freed from Dhaka Central Jail while Muhammad Bablu, Zahirul Shah, Formajul Islam and Sohag were released from Rajshahi Central Jail early yesterday.
The six who were pardoned but not released are Sajjad Hossain, Abul Hossain, Ataur Rahman alias Mobarak, Ashraf alias Rana, Foyjul Haque and Fakar Uddin alias Potu Master.
A Speedy Trial Tribunal in 2006 awarded the 21, most of them Awami League adherents, capital punishment for gunning down Gama in Natore.Of them 20 were granted presidential pardon Thursday and one condemned, Akhbar Ali, still remains absconding.However, Asaduzzaman, son of released Anisur Rahman Ansar, claimed that the then deputy minister Dulu had influenced the trial process.
He said 13 members of his family were accused of murder even though they had left Natore a year before the incident. He said they had to leave Natore following oppression by local BNP men after the 2001 election. Dulu, however, refuted the allegations.
http://www.thedailystar.net/story.php?nid=154123
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