PM refuses to scrap president’s clemency power

By Mizan Rahman/Dhaka

The demand to amend the constitution’s Article 49 gained support after Jamaat-e-Islami leader war criminal Delwar Hossain Sayedee’s capital punishment sentence was reduced to ‘imprisonment until death’.

Law Minister Anisul Huq had also recently spoken of amending the constitution if necessary.

Article 49 says, “The president shall have power to grant pardon, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.”

In a remark on the issue, the prime minister said: “This is the president’s power. This can stay. We (the government) run the country. The president may keep some power to ensure the citizens’ basic rights.”

Both the Awami League and BNP had drawn flak in the past over several incidents where the president used the power of clemency.

The Awami League, then the opposition party, had criticised erstwhile BNP-Jamaat alliance government when death-row convict BNP leader Mohiuddin Jhintu was pardoned.

On the other hand, the BNP came hard on the ruling party during its last term when Lakshmipur Awami League leader Abu Taher’s son, Aftab Uddin Biplab who was also a death-row convict, was saved by the presidential clemency.

Many pro-liberation forces are concerned that the convicted war criminals, pending execution of their verdicts, may make the most of this presidential prerogative of mercy.

Eight former and current leaders of Jamaat-e-Islami and its erstwhile student front Islami Chhatra Sangha and two BNP leaders have been convicted until now by the war crimes tribunals of Bangladesh.