Editorial
Clemency for a convict
Judicious use of prerogative necessary
We are deeply concerned at the grant of presidential pardon to an individual sentenced to death on charges of murder. Exercising his authority under Article 49 of the constitution, President Zillur Rahman has granted clemency to A.H.M. Biplob, son of Laxmipur Awami League leader and pourashava chairman Abu Taher. It is chillingly shocking that the convict, who had been a fugitive from justice for a decade and only surrendered to the law in April this year, is now about to return to normal life thanks to presidential clemency. We feel that the power of pardon given to the President of the Republic is a prerogative that should be exercised so judiciously as not to lower the dignity of the office or the reputation of the individual occupying it.
The culture of cases being withdrawn on the suspect ground that they were originally initiated on political considerations must come to an end. Indeed, the propensity on the part of those who govern to free their own partisan followers of judicial conviction is badly undermining the rule of law. This latest grant of clemency to a convict is a rude shock to the nation given that the background of the case against the convict appears not to have been duly considered. The President could have gone for a reduction of the sentence from one of death to life in prison. To lift the entire process of conviction is, we believe, a clear misuse of presidential authority. It only raises new questions about bad politics undermining the course of justice. It only upholds a dark legacy that was inaugurated in the period 2001-2006 when the then BNP government influenced the President at the time into granting pardon to the infamous Jintu, another fugitive from justice.
We call for a judicious exercise of Article 49 by the President. To this end, we urge that a list be prepared of all instances of presidential pardon in the last decade and it be deliberated on in the Jatiyo Sangsad. Powers of pardon are exercised in India, Britain and the United States with extreme caution. The same must happen in Bangladesh if people are to have their faith in the law restored.
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