A human rights organisation today challenged the legality of a constitutional provision that empowers the president to pardon any convict.
Article 49 of the constitution that gives the president the power to pardon convicts is contradictory to the basic structure and fundamental rights guaranteed in the constitution, Human Rights and Peace for Bangladesh (HRPB) said in its petition filed with the High Court.
The petition will be placed before the court for hearing tomorrow, petitioner's counsel Manzill Murshid told reporters.
The independent judiciary is hampered when the president pardons any convict or any accused according to the law and constitution, the petitioner said in the petition.
Everybody is equal in the eye of law and has the right to get justice but people's rights are damaged when a convict or accused gets mercy from the president, the petitioner added.
The HRPB has prayed to the HC to issue a rule upon the authorities concerned of the government to explain why article 49 of the constitution should not be declared unconstitutional and against the fundamental rights, Murshid said.
The senior secretary to the president's office, principal secretaries to the prime minister's office, cabinet, Jatiya Sangsad and legislative and drafting division of the law ministry have been made respondents to the required rule.