A petition has been filed in the High Court challenging the president's power to pardon convicted offenders.
Supreme Court lawyer Ishrat Hasan filed the petition on Monday. The petitioner has informed that a High Court bench, comprising Justice Farah Mahbub and Justice Debashish Roy Chowdhury, will hear the petition next week.
The Cabinet Secretary, the Law Secretary, the Home Secretary, the Parliament Secretary, and the Secretary of the President's Office have been named as respondents in the petition.
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The petition requests the High Court to issue a rule asking why the president's power to pardon convicted offenders without a policy should not be declared unconstitutional. Additionally, the petition seeks directions to formulate a policy for the remission, suspension, or reduction of sentences under Article 49 of the Constitution.
The petition also asks the court to rule on why the respondents' failure to formulate a policy for the implementation of this provision of the Constitution should not be declared illegal, unconstitutional, and contradictory to Articles 7, 27, and 31 of the Constitution.
Article 49 of the Constitution states: "The president shall have the power to grant pardon, delay or suspend the execution of any sentence, and remit, suspend or reduce any sentence awarded by any court, tribunal, or other authority."
The petition points out that under Article 49, the president’s power to grant pardons is unrestricted and lacks any formal policy. There is no clear policy governing who can be granted a pardon and on what basis, which the petition argues contradicts Articles 7, 27, 31, and 32 of the Constitution.
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The petition also highlights the misuse of this power, citing examples such as the pardons granted to individuals like the brother of the former army chief, Joseph, and Aslam Fakir. It has become common for sentences to be remitted for political reasons, which the petition claims constitutes an abuse of power.
“For years, the president's power to grant pardons has been widely misused. During the previous government’s tenure, convicted murderers were pardoned through the improper use of this power. This has led to growing public concerns about the fairness of justice, with many feeling disillusioned with the notion of receiving fair legal treatment. To prevent the ongoing misuse of this power, the petition asserts that it is essential to formulate a clear policy,” said petitioner Ishrat Hasan.