Writ petition challenging Presidential mercy filed
Monday, 2 June 2014
A writ petition was filed with the High Court (HC) Sunday challenging the prerogative for President's mercy as mentioned in Article 49 of the Constitution, report agencies.
The writ petitioners were Advocate Ekhlas Uddin Bhuiyan and Advocate Mahbub ul Alam, on behalf of Human Rights and Peace for Bangladesh (HRPB).
Advocate Manzil Murshid, on behalf of the petitioners, filed the writ petition.
Manzil Murshid said the petition is expected to be placed for hearing before the HC bench of Justice Mirza Hossain Haider and Justice Khurshid Alam Sarkar today (Monday).
The writ petition noted that Article 49 of the Constitution is discriminatory, violates fundamental rights, and also has contradiction with Articles 26, 27, 31, 35, 111 and 112.
The petitioners urged the HC to issue a rule asking why Article 49 of the Constitution would not be declared anti-constitutional and contradictory to Articles 26, 27, 31, 35, 111 and 112.
According to Article 49, "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."
The third part involving fundamental rights starts with Article 26 that states "All existing law inconsistent with the provisions of this part shall, to the extent of such inconsistency, become void on the commencement of this Constitution."
Article 27 says, "All citizens are equal before law and are entitled to equal protection of law."
Article 35 (1) states, "No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than, or different from, that which might have been inflicted under the law in force at the time of the commission of the offence."
The senior secretary to the President's office, principal secretary of the Prime Minister's Office, secretaries to the cabinet, legislative and drafting division of the law ministry and Parliament Secretariat have been made respondents to the rule.