SC stays verdict for 6 weeks
The Supreme Court yesterday stayed for eight weeks a High Court verdict that directed a fugitive convict with presidential clemency to surrender before the lower court in six weeks.
The chamber judge of the Appellate Division passed the order after hearing a petition filed by Sarwar Kamal, the then fugitive convict, seeking stay on the HC verdict.
Justice Syed Mahmud Hossain also asked him to file a regular leave to appeal petition with the SC against the HC verdict in eight weeks.
The order came a day after the full verdict, which the HC delivered on April 25, was released.
Sarwar's counsel Mohammad Ali told The Daily Star his client would not need to surrender before the lower court following the chamber judge's order.
In the verdict, the HC issued some observations on the powers of the president and the government to pardon, suspend or remit sentences of any convict.
The action of the president or the government must be based on some rational, reasonable, fair and relevant principles which are non-discriminatory and must not be guided by any extraneous or irrelevant considerations, according to the HC judgement.
The HC bench of Justice M Enayetur Rahim and Justice Sheikh Md Zakir Hossain delivered the judgment in response to a 15-year-old petition by Sarwar, who challenged the trial court's warrant for his arrest in Cox's Bazar in 1997, four years after he was given presidential clemency while on the run.
Barrister Rafique-ul Huq appeared for Sarwar.
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