JS body caught in dilemma
The parliamentary standing committee on law, justice and parliamentary affairs might shelve its plan to look into the process of granting presidential mercy to a BNP leader convicted in a double murder case to avoid discussion on another clemency by the present government.
Jhintu, a BNP leader, was sentenced to death 22 years ago in a double murder case but the other convict in the same case had been executed before Jhintu was pardoned by then president Iajuddin Ahmed. The presidential clemency at that time triggered widespread criticism.
Towards the end of the last year President Zillur Rahman also granted clemency to Shadab Akbar sentenced to 18-year imprisonment in four graft cases.
Shahdab was sentenced during the emergency rule in absentia. He is the son of Awami League presidium member Syeda Sajeda Chowdhury, also deputy leader of the House.
The parliamentary standing committee is now in a dilemma about examining the presidential clemency to Jhintu in 2005 as it might raise a question over the latest presidential mercy to the son of the deputy leader of parliament.
Parliament secretariat officials involved in the committee's functions said the committee would see if any legal opinion was sought before then president Iajuddin Ahmed had pardoned Mohiuddin Jhintu, who was president of the then ruling BNP's Sweden chapter.
Standing Committee Chief Suranjit Sengupta earlier also echoed the same view.
As per the constitution, Iajuddin Ahmed, however, acted on the advice of then premier Khaleda Zia. The law ministry and the home ministry were also involved in the process of granting presidential clemency to Jhintu.
The committee also asked the law ministry to produce all documents on the controversial clemency before it for scrutiny, committee officials said.
In the last parliament AL lawmakers blasted then premier Khaleda Zia and law minister Moudud Ahmed for awarding presidential mercy to BNP leader Jhintu.
But the parliamentary body now seems to have forgotten the issue after President Zillur Rahman pardoned Shadab last year.
Contacted by The Daily Star on Thursday, Suranjit said the Jhintu case had remained pending with the committee for the last few months. “It will be disposed at an appropriate time,” Suranjit, also a ruling AL lawmaker, said.
When his attention was drawn to the presidential mercy to the son of the deputy leader of the House, he said his committee did not receive any complaint about it.
“If we receive any complaint we will decide whether the committee will examine it or not,” he replied to a query whether he is now feeling embarrassed to go ahead with the Jhintu case.
Constitutional experts questioned the process of granting clemency to Shahdab. They said the incident once again proved that the persons in power are above the law in our country.
A fugitive convict cannot get any benefit of the law and the constitution and none has the jurisdiction to extend the privilege, they said.
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