The High Court has issued a rule questioning the constitutionality of the President’s power to pardon convicts without a formal policy in place. The court also sought an explanation on why a clear policy should not be created to regulate the exercise of this power, reports UNB.
The bench of Justice Farah Mahbub and Justice Debashish Roy Chowdhury issued the rule following a public interest petition. Advocate Ishrat Hasan represented the petitioner, while Deputy Attorney General Mohsin Kabir Roky appeared on behalf of the state.
The petition challenges the legality of the President’s ability to grant pardons without any established guidelines. Earlier, the Judiciary Reform Commission had recommended limiting the President’s power by establishing an oversight board. The commission’s report, which included these suggestions, was submitted to the Chief Adviser on January 5, 2025.
On January 20, a writ petition was filed in the High Court seeking the formulation of a policy to regulate the use of the President’s pardon power. Advocate Ishrat Hasan, who filed the writ, argued that the President’s power has been misused, particularly in cases involving the pardon of convicted murderers during the previous government.
Respondents named in the writ petition include the Cabinet Secretary, Law Secretary, Home Secretary, Parliament Secretary, and Secretary of the President’s Office.
Bd-pratidin English/ Jisan
