Controversies can be costly
Exercise of the presidential power to grant clemency over the last two years has led to a perception of the misuse and abuse of such extraordinary constitutional authority. The way the authority was exercised to benefit only the ruling party men also appears to be a severe blow to the rule of law.
Furthermore, the office of the president, Bangabhaban, has become mired in controversy on the issue.
But the bigger truth is that President Zillur Rahman exercised this extraordinary authority on the advice of Prime Minister Sheikh Hasina. And the two ministries--law and homeassisted the premier in formulating her advice to the president to this effect.
Whatever the fact, it is Bangabhaban that has had to face sharp criticism for all the instances of presidential clemency occurring during the tenure of the present government.
President Zillur Rahman, who assumed the presidency in February 2009, pardoned in November in the same year sentences Shahadab Akbar, son of deputy leader of parliament Syeda Sajeda Chowdhury.
Shahadab was sentenced to 18 years' imprisonment and fined Tk.1.6 crore in absentia in four cases filed by the Anti-Corruption Commission and National Board of Revenue during the tenure of the last caretaker government. The presidential pardon drew widespread criticism.
The criticism, however, did not lead to a careful exercise of the presidential power of pardon in subsequent times. In September, 2010, the president granted pardon to 20 death row inmates of the Jubo Dal leader Sabbir Ahmed Gama killing case. Most of them were Awami League adherents and activists. The clemency again triggered huge hue and cry.
Again, in July 2011, he granted controversial mercy to AHM Biplob, the son of ruling AL leader Abu Taher of Laxmipur and a death row inmate in the much-talked-about Nurul Islam murder case.
Biplob appears to be a most fortunate man as the president has granted him mercy for the second time in seven months. This time, Biplob's life sentence in each of two murder cases has been reduced to a 10-year imprisonment.
Zillur's predecessor Iajuddin Ahmed had pardoned in 2005 Mohiuddin Jhintu, who was president of the then ruling BNP's Sweden chapter.
Jhintu was sentenced to death two decades ago in a double murder Case, but the other convict in the same case had been executed before Jhintu was pardoned by the then president.
The presidential clemency at that time triggered widespread criticism.
The then main opposition Awami League launched a blistering attack in and outside parliament on the then BNP-led government over the grant of clemency.
But this time, ruling AL leaders and lawmakers have chosen to remain silent about the presidential clemency awarded over the last two years.
In the current parliament, the parliamentary standing committee on the law ministry has finally shelved its plan in January 2010 to look into the process of granting presidential mercy to Jhintu to avoid a discussion on the presidential clemency to Shahadab Akbar.
When Zillur Rahman, a seasoned politician, took over the presidency in February 2009, it was expected that he would work to brighten the image of Bangabhaban. His predecessor Iajuddin badly failed to uphold the dignity and integrity of the office of president, which is not only the symbol of the country's heritage but also plays an important part in the history of Bangladesh.
But the wholesale presidential clemency to ruling party men has pushed the presidency into political controversy, undermining people's expectations of it. And it has also raised questions about the presidential power to pardon, which though, according to legal experts, is necessary for peace and good governance.
Article 49 of the Constitution provides that the President shall have power to grant pardons, reprieves and respite and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.
The philosophy of this power, according to legal experts, is to afford relief from undue harshness or evident mistake in judicial proceedings. The administration of justice by the courts may not always be wiser or be certainly considerate of circumstances. To provide remedy in such case, the presidential power to pardon is used.
Like other powers, the president has to exercise this power on the advice of the prime minister. So, it largely depends on the prime minister whether s/he wants to contribute to upholding the image of the presidency by averting a mindless use of this extraordinary presidential power to pardon. In that case, the role of the law and home ministries is also crucial.
Similarly, the president should also do something to avert such unpleasant situations regarding to the use of this power. In granting pardon, the president may use his office to scrutinise the evidence and facts before acting only on the advice of the prime minister. Like the premier, the president also took the oath of the office to preserve, protect and defend the Constitution.
http://www.thedailystar.net/newDesign/news-details.php?nid=224232
President's prerogative to mercy Article 49 must be exercised wisely
In a very recent instance of exercise of the president's right to pardon, a convicted killer had his life term remitted to ten years. What makes this act absurd is the fact that this very person, Biplob, son of Laxmipur AL leader, who was convicted in another murder case and awarded the death penalty, was given the presidential reprieve in July last year.
One wonders whether one has ever heard of another instance, not only in Bangladesh but anywhere else in the world, where the same person, a convicted killer, has been granted presidential pardon twice in seven months, once to save his life, and then to reduce his sentence.
The manner of exercising presidential prerogative like pardoning several death row prisoners belonging to AL cadre, and giving reprieve to the son of a senior AL member, convicted on charges of corruption and sentenced to 18 years in prison and fined Tk.1.5 crore, without him even surrendering to the court, only betrays the partisan motive behind these actions.
The president has all the right to clemency but he has all the obligations to be just also. While being kind to the killers, as the ministry letter explains, should he have not also considered the grief of the family members of the murder victims, and the much bigger question of justice and rule of law?
We must emphasise that the power of Presidential pardon is a prerogative that should be exercised in the most exceptional circumstances and with utmost prudence so that none can question the intention. Otherwise it would harm both the esteem of the office of the president and the reputation of the person occupying it.
May we ask what the criteria that qualify a convict for presidential pardon are? Surely a person who has been convicted in multiple cases of murder, cannot qualify as a 'good' man, and should automatically forfeit the right to any special consideration. The reprieves have done little for the cause of justice
President Zillur Rahman in his own right has earned the respect of the people of Bangladesh. However, such actions are bound to raise questions about their likely impact on rule of law.
http://www.thedailystar.net/newDesign/news-details.php?nid=224134President pardons a criminal twice
http://www.prothom-alo.com/detail/date/2012-02-26/news/227960
The president has granted mercy to convicted killer AHM Biplob for the second time in seven months. This time, Biplob's life sentence in each of two murder cases has been reduced to a 10-year imprisonment.
Biplob is the son of Abu Taher, an Awami League leader and mayor of Laxmipur municipality.
Earlier in July last year, Biplob was pardoned by President Zillur Rahman in the advocate Nurul Islam murder case, in which he was given death sentence. A home ministry source yesterday said Biplob was given life term in each of BNP activist Kamal murder case of 2001 and Shibir activist Mohsin murder case of 2000.
The ministry on February 8 issued a letter, stating that the president being kind has reduced the life term convictions of AHM Biplob (inmate no-2009/A) to 10 years rigorous imprisonment, effective from the date of the jail warrant.
The president has also pardoned Biplob's associate Babor, who had also been awarded life sentence in the Kamal murder case. His sentence has been reduced by seven years, added the source, requesting anonymity. The two are now serving their jail terms in Laxmipur jail.
Biplob had been convicted in absentia in all the three cases. After being on the run for more than 10 years, he surrendered before a court on April 6 last year.His father then filed mercy petitions to the president, following which the latter granted Biplob clemency in the Nurul Islam murder case last year, said the source.
The incident drew widespread criticism from different sections, including rights groups, legal experts and the media.Babor, who was the secretary of Laxmipur Chhatra League, was convicted in 2004, said his brother Saiful Hasan Palash, himself president of Laxmipur Jubo League.Their mother Nurjahan Begum appealed to the president last year for clemency, Saiful told The Daily Star over the phone.
The constitution empowers the president to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.
VICTIMS' FAMILY REACTIONS
"We cannot just accept it. Where will common people go if the president pardons a killer on political considerations?" asked Md Kamal, a nephew of the slain Mohsin. Kamal was also a prosecution witness of the case.Contacted by The Daily Star, relatives of Kamal expressed their "inability" to comment, saying the accomplices of the killers are already threatening them and giving them a hard time.
THE KILLINGS
On September 18, 2000, advocate Nurul Islam, the then organising secretary of Laxmipur BNP, was abducted and hacked to death by Biplob and his associates.
The Divisional Speedy Trial Tribunal of Chittagong on December 9, 2003, condemned five people, including Biplob, to death for the murder.BNP activist Kamal was killed at his house in front of his parents by Biplob and his gang in October 2001.
A Speedy Trial Tribunal in Chittagong handed down death sentences on Biplob's two brothers -- Salahuddin Tipu and Abdul Jabbar Lablu. Biplob himself, his father Abu Taher and three others -- Khalek, Babor and Marju -- got life sentences in the case.The High Court later relieved all but Biplob and Khalek of the charges.
Shibir activist Mohsin was beaten to death on September 5, 2000, near Adarsha High School in Laxmipur. In a case filed with Laxmipur Police Station, Biplob, Lablu, and Babor were each sentenced to life term in prison.
NHRC CHIEF REACTS
National Human Rights Commission (NHRC) Chairman Mizanur Rahman reacted sharply to the presidential clemencies, saying the nation must come out of this culture.A convict in a criminal case should in no way be forgiven, he said at a programme at the Cox's Bazar District Administration yesterday.
http://www.thedailystar.net/newDesign/news-details.php?nid=224063
http://www.prothom-alo.com/detail/date/2012-02-27/news/228151
http://sonarbangladesh.com/blog/post/96341
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