1

Abstract

The Presidential Pardoning Power is the normal right of each country on the planet. It is treated
as the last haven of equity. This power has been practiced from the start of current development.
It is an optional force of the president. As a result, the president practices an unbridled ability
to absolve an indicted in any circumstance. To that end it some of the time raises contention;
as the presidents abuse their power for the sake of privilege. There are numerous nations where
this power is being utilized keeping a few rules and explicit circumstances, yet it is being
controlled with no obvious end goal in mind in Bangladesh. As a matter of fact the constitution
gives this office to the president to go about according to his carefulness based on his most
ideal decision how might be helped the government assistance of the general public, local area
and country easily so nobody can address him for his activity which he has accomplished for
country by any stretch of the imagination. While it is a right and ordinarily not addressed in
any nation court, it has made individuals restless. The hypothetical appearance of this right is
too grave to even think about thinking of it as softly particularly in Bangladesh where the
President gets through a political designation and a simple political decision by the individuals
from the Parliament. It is the ethical responsibility and obligation of a government to execute
pardon keeping up with impartiality and great inner voice, however scarcely these things are
continued in Bangladesh. Step by step the quantity of mercy is expanding and each mercy is
rearing new debate. This article has called attention to the current state of official leniency, its
entanglements and approach to conquer it in Bangladesh.
 2

Chapter One
Introductory Chapter

1.1. Introduction
The President absolving power is practiced practically in each country. It is a remarkable legal
power which is practiced by the top of the state. Some place it is treated as heavenly power
which is designated from the Almighty. Presently it is utilized to stay away from the
unsuccessful labor of equity. In like manner sense privilege of kindness implies the
extraordinary ability to concede acquits, respites and rests, and to transmit, suspend or drive by
the president or the ruler of any sentence passed by any court, council or other power. This
power is guaranteed by the constitution of the land. To that end the president has an excessive
ability to practice this absolving power. The constitution of Bangladesh through its Article 49
offers the President of the Republic to practice this power, however this Article has not
furnished with a particular rule.1 Therefore, this blessed power is being befouled more than
once in the possession of various legislatures of this State for their own and political increase.
The historical backdrop of exculpation in Bangladesh bears declaration to that every one of the
absolutions occurred thinking about just political ground and association.

1.2. Objectives of the Study

• To explain the concept and history of pardoning power of President;

• To evaluate the pardoning power of President in other country;

• To point out the exercise of this power at present time;

• To discuss the merits and demerits of pardoning power of President;

• To discuss the power and functions of the president of Bangladesh;

• To find out the laws related with the President pardoning power;

• To explain the effectiveness and importance of the pardoning power of the President;

• To assess the socio-political impact for its indiscriminate implementation; and

• To make a conclusion recommending some suggestions.

1 The constitution of Bangladesh,1972

 3

1.3. Nature and Scope of the Study

The nature of this research is analytical. By the analysis of different laws and regulations,
related article and other sources the work of this research is completed. By this research I have
tried to find out the actual meaning of president pardoning power, its history and significance
of the president mercy and laws related with the president pardoning power in Bangladesh.
Again, I have tried to discover the problems related to president pardoning power. At the same
time by this research work provided specific recommendations for the adjustment of president
pardoning power laws in respect to the uses of internet in every sector. This research paper is
important for research as it is based on the most recent information. All future researchers who
want to do research on President pardoning power and its laws will be benefited by this research
because they will be able to understand the research gap by reading this research paper, they
can get theoretical explanation of this topic related issues and most important recent
information and legal explanation.
The study found a number of hurdles in enforcing president pardoning power laws and
provided up-to-date recommendations that lawmakers can review and consider.

1.4. The Methodology of the Study

Methodology is essential for any research work. Without adopting any specific method, it is
hard to conduct research. The research is an analytical study. The general methodological
approach of this study is an analytical approach based on data and information systematically
gathered and analyzed from different sources.
The study is mainly based on secondary data. The secondary data are collected from books,
newspapers, journals, published articles, research papers, annual Reports of major non-
governmental organizations. Besides, data will be gathered from the site of different public and
worldwide associations.
 4

1.5. Literature Review

This research paper will mainly focus on the issue elated to occupational health and safety Law
in the Arena of Internet: A Legal Analysis’. have gone through many books, articles and tried
to bring out real fact into light and these will develop my base for the rest work. I have read
following books thoroughly for better understanding of the problem. These books are-

1. M. Abdul Latif Mondal, Presidential prerogative to grant clemency, 2nd Edition

2. Mahmudul Islam, Constitutional Law of Bangladesh, 2nd Edition

In this study, I am trying my best to apply my knowledge and searching serve by internet,
books, and article and following daily newspapers report.

1.6 Limitation of the Study

There will be an unlimited pointing over limitations if start to make a list of limitations.
Because, occupational health safety is vast issue. In this context, my depth of knowledge,
analysis of problem, and range of literature review were significantly insufficient.
A few constraints remain with respect to the inclusion and likeness of information:
• Lack of source: there were only a few sources available. All the books were needed
by me couldn’t found in the library.
• Lack of wisdom: as a new researcher, do not carry all the knowledge necessary to
make a research perfect.
• Lack of time: There was a problem of time management for completing this research.
• At last being a student it is not possible for me to collect all the necessary information.
 5

1.7 Conclusion
In fine, it may be said that clemency has its own significance. It is the last shelter of judicial
mistake. The necessity of granting mercy can ‘t be denied. That is why almost every country
exercises this power. But it must be kept in mind that this power is exercised for justice and
not for injustice. So, power is practiced for equity and not so much for unfairness. To maintain
fairness an active scrutinizing commission should be established to assess the exercise of the
power. The arbitrary use of this power gives some temporary interest or facility to a ruling
party but it hampers the rightful application of justice. Citizens always keep their eyes upon
the government activities; so, if the government authority carries any malpractice in exercising
equity, it will eventually be stayed to the public authority. All people irrespective of caste, sex,
color, religion, political belief and locality hate the miscreants and anticipate their discipline
however on the off chance that they are exonerated in lieu of discipline, this will tarnish the
image of the party. Leniency should be shown to that persons who deserve it but it should never
be shown to a socially detested person. It is a universal truth that if criminals are pardoned,
crime will increase, respect to law will be
declined and justice will be buried.
 6

Chapter Two
Background of the Study

2.1. Introduction
The right of leniency is practiced practically in each country. It is a phenomenal legal power
which is practiced by the top of the state. Some place it is treated as heavenly power which is
assigned from the Almighty. Presently it is utilized to stay away from the unnatural birth cycle
of equity. The sixteenth US President, Abraham Lincoln has appropriately quoted―I show
generally observed that kindness bears more extravagant organic products than severe justice‖.
In like manner sense privilege of leniency implies the unique ability to allow acquits, respites
and rests, and to dispatch, suspend or drive by the president or the ruler of any sentence passed
by any court, council or other power. This power is guaranteed by the constitution of the land.

2.2. Concept of Pardoning Power of President

In like manner saying, to absolve means to pardon an individual of their offense. The term
'pardon' has been characterized as a demonstration of beauty, continuing from the power
endowed with the execution of the law, which absolves the person on whom it is presented to,
from the discipline the law incurs for a wrongdoing he has perpetrated. It influences both the
discipline recommended for the offense and the responsibility of the guilty party. At the end of
the day, award of absolution clears off the culpability of denounced and carries him to the first
place of guiltlessness as though he had never dedicated the offense for which he was indicted.
The ability to concede acquits and respites in the United Kingdom is known as the Royal right
of leniency where the ruler could go around any sentence given to a person. The word privilege
really comes from the Latin expression "privilege" or "privileges" and that signifies "unique
right, past decision or political race." When it was at first presented, there was no constraint on
the power given to the ruler. Be that as it may, the President has been provided the ability to
allow pardons, respites, breaks or abatements of discipline or to suspend, dispatch or drive the
sentence. Conceding of acquittal might be of two sorts. Outright or unrestricted an unequivocal
acquittal clears out both the conviction and sentence and reestablishes all social liberties of the
individual worried as though he had never been indicted for the offense (R. v. Cultivate, 1985)2.
Contingent when the award of absolution is restrictive, the insurance given by the exoneration
isn't accessible until the condition is consented to and pardon becomes worthless due to

2 R. v. Foster (1985) QB 115

 7

resistance with a condition to which it is subject (Attorney General of Trinidad and Tobago v.
Philli, 1994)3 furthermore, the absolved individual might be made to experience the discipline
he was initially condemned.4 Privilege of kindness in Bangladesh shows pardons, respites,
breaks, reduction, suspension or substitution of a discipline. These words bear unmistakable
definition and method. As indicated by Cambridge Advanced Learner's Dictionary the word
right means something which certain individuals are capable or permitted to do or have,
however which is absurd or took into account everybody.5 As indicated by Oxford Advanced
Learner's Dictionary the word privilege implies a right or benefit having a place with a specific
individual or gathering due to their significance or social position.6 What's more, it
characterizes benevolence, a sort or excusing demeanor towards someone that you have ability
to mischief or right to rebuff.7 Mercy implies the pardoning of a wrongdoing or the wiping out
(in entire or in piece) of the punishment related with it. An overall idea incorporates a few
related techniques: absolving, compensation, abatement and respites.8 The word pardon is the
absolution of a wrongdoing and the wiping out of the significant punishment; it is typically
conceded by the head of State or by demonstrations of the parliament or a strict power. Pardons
are now and then proposed to people who are illegitimately indicted or guaranteed that they
have been unfairly sentenced. Some think tolerating such an exculpation certainly comprises a
confirmation of responsibility as an absolution doesn't save the conviction, so now and again
the deal is denied. Mercy assumes a vital part when the death penalty is applied. A respite is
the impermanent deferment of discipline, frequently with a view to an acquittal or other audit
of the sentence. Recompense is subbing the punishment for a wrongdoing with the punishment
for another, while as yet staying at fault for the first wrongdoing. Reduction is finished or
incomplete scratch-off of the punishment, while as yet being viewed as at fault for said
wrongdoing (for example decreased punishment). The Crown's utilization of the exculpation
ability to guarantee that equity was regulated with leniency was one of the incredible benefits
of government over some other sort of government, since it mellowed the afflictions of the
overall regulation.9 In this way, reason for conceding absolution might be.

3 Attorney General of Trinidad and Tobago v. Philli (1994) 1 AC 394

4 Islam, Mahmudul. (2002) ―Constitutional Law of Bangladesh‖, 2nd ed., (Dhaka: Mullick Brothers
Publications) P.324
5 Cambridge Advanced Learner ‘s Dictionary (2008) 3rd ed., Cambridge University Press, UK
6 Oxford Advanced Learner ‘s Dictionary (2005), 7th ed., Oxford University Press, UK
7 Ibid
8 The Code of criminal Procedure, 1898, (Act Number V of 1898)
9 Blackstone, W. (1769) ―Commentaries on the Laws of England‖, Ch. 31
 8

• To help in saving an honest individual from being rebuffed because of unnatural birth
cycle of equity or in instances of farfetched conviction;
• To give a motivating force to the convict to keep the peace in the jail establishment and
consequently, to assist significantly in settling the issue of jail with training;
• To award freedom to a wrongdoer is better compared to condemning of a blameless
individual; and
• To right conceivable legal mistakes, for no human arrangement of legal organization
can be liberated from defects.

2.3. Historical Background of Pardoning Power of President

In old Rome, a cycle known as „ Adeia‟ worked with a popularity-based pardon for people, for
example, competitors, speakers and other strong figures, who were effective in acquiring the
endorsement of something like 6000 residents via secret voting form. The connecting of
discipline and acquittal are essentially just about as old as the Code of Hammurabi, where the
solution of unforgiving punishments was adjusted by rules to restrict retribution and indicate
relieving conditions.10 Albeit the wellspring of this ability to exonerate was not a chief honor,
it is easy to see the similitudes in the old idea of „Adeia‟ and the contemporary act of acquittal,
which likewise frequently thinks about elements, for example, the popular assessment
according to the individual tried to be absolved. The cutting-edge pardon comes from the
English domain. The main realized General Pardon in England was given during the festivals
at the crowning ritual of lord Edward III in 1327. During the rule of King Charles II between
the years 1660-85, indictment sentence was eliminated from the absolving power. This
adjustment of the standard is kept even today. In the late long stretches of the eighteenth
century, when the underlying arrangement of regulations was created for the constitution of the
US, the authors did exclude the force of exonerating. Truly, it was not acknowledged by a
larger number of people. For instance, George Mason who was a significant patron to the
Virginia Plan believed that this power was a grave misstep whenever given to only a solitary
head. Americans, who considered the standard of King George III as domineering, concurred
with him. In any case, Alexander Hamilton felt that the exonerating of a lord was a vital device
for administration. He had the option to persuade the producers of the constitution to
incorporate the force of official exoneration. He accepted that it would be exceptionally helpful

10Rai, J.P. (2014) ―Exercise of Pardoning Power in India: Emerging Challenge‖ The Nehu Journal,
Volume 7, Issue-1, pp. 1-26,
 9

in a few basic circumstances to save public emergency. This has demonstrated exceptionally
helpful sometime in the future a few times. For instance, President George Washington utilized
this power during the revolt of 1794 by the ranchers when duties were exacted by the US
government on the corn crops. While the loathsome ranchers were absolved for revolting, the
circumstance was unobtrusively managed minus any additional harm. The idea of exculpation
as revered in the Indian Constitution can most sensibly be supposed to be gotten from the
British practice of conceding leniency. Therefore, this power is practiced in Bangladesh.
Military ruler HM Ershad was the main President to practice this sacred expert in 1987.11

2.4. Pardoning Power of President in some Jurisdiction

However pretty much every nation of the world activities the force of pardon, method of it
fluctuates from one country to another. Some place it is being worked on keeping up with
lawful standards and legitimacy, some place there is an absence of appropriate guidelines and
guideline, which is making ready of abusing this consecrated power. Various nations execute
this power keeping up with various standards and strategies as underneath. In the United
Kingdom, the ability to concede exculpates and respites is known as the regal privilege of
kindness. It was customarily in the outright force of the ruler to exonerate a person for a
wrongdoing. Today the sovereign just awards pardons upon the guidance of her bureau: at
present they are the Secretary of the State for Justice, for England and Wales, the principal
Minister of Scotland or Secretary of State for Northern Ireland. It is the standard approach of
the public authority to just give absolutions to the people who are thought of "ethically" honest
of the offense. Pardons are for the most part as of now not gave preceding a conviction,
however solely after the conviction. The utilization of the Royal privilege of benevolence is
currently an interesting event, given that the Criminal Case Review and the Scottish Criminal
Cases Review Commission are presently roads to legal cures against unsuccessful labors of
equity. In the USA, all government pardon petitions are addressed to the President, who awards
or denies the solicitation. Regularly, applications for pardons are alluded for survey and non-
restricting suggestion by the Office of the Pardon Attorney, an authority of the United States
Department of Justice. The level of acquittals and respites allowed fluctuates from one
organization to another (less exculpates have been conceded since World War II). The Justice
Department expects that any individual who demands for an acquittal needs to stand by five

11 The Constitution of People ‘s Republic of Bangladesh, 1972

 10

years after conviction. An official acquittal might be conceded out of the blue; notwithstanding,
the exculpated individual need not yet have been sentenced or even officially accused of a
wrongdoing. Mercy may likewise be conceded without the documenting of a proper solicitation
and regardless of whether the expected beneficiary wants to be absolved. In by far most of
cases, be that as it may, the Office of the Pardon Attorney will consider just petitions from
people who have finished their sentences and, what's more, have shown their capacity to lead
a mindful and useful life for a huge period after conviction or delivery from imprisonment. The
absolution force of the President stretches out just to offenses cognizable under government
regulation. In any case, the Governors of the greater part of the 50 states have the ability to
allow exculpates or respites for offenses under state criminal regulation. In different states, that
power is focused on a named office or to a board and the Governor in some half and half course
of action (in certain states the organization is converged with that of the parole board, as in the
Oklahoma Pardon and Parole Board). In Chile, the organization of exculpation is directed in
the Criminal Code which manages the eradication of criminal responsibility. The President is
the Head of the State; in this limit, he has the optional ability to allow specific exonerations.
He isn't obliged to look for assessment or endorsement from different specialists, albeit, the
conceding of absolutions is restricted by the standards of regulation and its guidelines which
deny specific exculpations for those sentenced for a wrongdoing of illegal intimidation. Article
72 (1)12 of the Indian Constitution alludes ―The President will have the ability to concede
pardons, respites, breaks or abatements of discipline or to suspend, dispatch or drive the
sentence of any individual indicted for any offense-(a) in all situations where the discipline or
sentence is by a Court Martial; (b) in all situations where the discipline or sentence is for an
offense against any regulation connecting with a make a difference to which the chief force of
the Union expands; (c) in all situations where the sentence is a sentence of death and the Article
16113 alludes force of the Governor to give pardons, and so on and to suspend, dispatch or drive
sentences in specific cases. Notwithstanding, it is vital to take note of that India has a unitary
overall set of laws and there is no different assortment of state regulation. All wrongdoings are
violations against the Union of India. In this manner, a show has fostered that the Governor's
abilities are practiced for just minor offenses, while demands for acquittals and respites for
significant offenses submitted in the association regions are shipped off the President. Both the
President and the Governor are limited by the exhortation of their particular Councils of

12 The Constitution of India, 1949

13 Ibid
 11

Ministers and henceforth the activity of this power is of a chief person. Along these lines,
decisions managing Article 7214 have at the same time managed Article 16115 furthermore, the
other way around.16 It is subsequently dependent upon legal audit as held by the Supreme Court
of India on account of Maru Ram v. Association of India (1980).17 It was consequently affirmed
by the Supreme Court in the event of Kehar Singh v. Territory of India (1988). What's more,
the Supreme Court additionally affirmed, pardon is dependent upon legal audit and that it can't
be shed as an honor or demonstration of elegance (Epuru Sudhakar and Anr. v. Govt. of A.P.
and ors, 2006).18 The court settled on this perception while suppress the choice of the then the
Governor of Andhra Pradesh, Shushil Kumar Shinde in driving the sentence of an indicted
Congress dissident. In South Africa Under segment 84(2j) of the Constitution of the Republic
of South Africa, 1996 (Act 108 of 1996), the President is liable for exculpating or reprieving
wrongdoers. This force of the President is just practiced in profoundly excellent cases. To
absolve an individual is to excuse an individual for his/her deeds. Pardon is just conceded for
minor offenses following a time of 10 years has passed since the pertinent conviction. For some
genuine offenses (for instance assuming the important court saw the offense in such a genuine
light that immediate detainment was forced) acquittal won't be conceded regardless of whether
over 10 years have slipped by since the conviction. In Canada the Parole Board of Canada
(PBC) is the government office, answerable for settling on pardon choices under the Criminal
Records Act (CRA). Under the CRA, the PBC can issue, award, deny and renounce pardons.
The crook record isn't eradicated, yet it is kept discrete and aside from other (non-acquitted)
criminal records. Handling of acquittals by the National Parole Board by and large requires on
normal 60 days for a rundown offense and 180 days for an indictable offense.

14 Ibid
15 Ibid
16 Islam, Md. Minhazul. (2012) ―Judicially Reviewing the President ‘s Prerogative of Mercy: A

Comparative Study‖, Bangladesh Research Publication Journal, Volume: 7, Issue: 3, pp. 257-266
17 Maru Ram v. Union of India 1981 (1) SCC 107
18 Epuru Sudhakar & Anr. v. Govt. of A.P. & ors. (2006) INSC 638
 12

2.5. Conclusion
Chief exoneration since the ages has gone through huge change, thus has unbridled leader
power. It just looks good for a majority rule country that the ambit of a free and fair legal
executive cases triumph over a politically persuaded leader. Notwithstanding, proliferating
outright refusal of forgiveness to the chief won't fit better conditions as an all-around
overburdened legal executive attempt to manage the enormous overabundance of questions. A
leader trying to arrive at a simply end for the blamed with no different contemplations and a
severe and ever vigilant legal executive, investigating the activity of such tremendous
sufficiency of force can
 13

Chapter Three
Legal Basis of Pardoning Power in Bangladesh

3.1. Introduction
The Constitution of Bangladesh involves the three parts of the public authority specifically the
regulative, the leader and the legal executive. The top of the chief is the president, who is the
main resident of Bangladesh and the Constitution involves different powers in it. The
exonerating force of the President in embedded in the Constitution of Bangladesh beginning
around 1972. It is the main lawful premise of the President of the Bangladesh. The President
have many power and capacities to do. In any case, is the exclusively power that he works out.

3.2. Existing Legal Framework on Pardoning Power

The leader of Bangladesh formally the President of the People's Republic of Bangladesh is the
stylized Head of State of Bangladesh and Commander-in-Chief of the Bangladesh Armed
Forces. The job of the president has changed multiple times since Bangladesh accomplished
freedom in 1971.19 Presidents had been given chief power. In 1991, with the rebuilding of an
equitably chosen government, Bangladesh embraced a parliamentary majority rules system in
light of a Westminster framework. The President is presently a to a great extent formal post
chosen by the Parliament. In 1996, Parliament passed new regulations improving the
president's leader authority, as set down in the constitution, after the Parliament is disintegrated.
The president dwells at the Bangabhaban, which is his office and home. The president is chosen
by the 350 parliamentarians in an open polling form, and in this manner by and large addresses
the larger part party of the council.20 21
He keeps on holding office after his five-year term
terminates until a replacement is chosen for the administration.22

19 bdnews24.com, httml/Bangladesh raises president/prime minister.com

20 "Presidential Election Act, 1991". CommonLII. Archived from the original on 18 April 2012.
Retrieved 3 December 2011
21 Chowdhury, M. Jashim Ali (6 November 2010). "Reminiscence of a lost battle: Arguing for the

revival of second schedule". The Daily Star. Archived from the original on 24 October 2012. Retrieved
3 December 2011
22 "Constitution of the People's Republic of Bangladesh" (PDF). Archived (PDF) from the original on

29 November 2011. Retrieved 3 December 2011

 14

3.3. Power and Function of President

Right now, albeit the place of president holds by law significance, its true powers are to a great
extent stylized.23 The Constitution permits the president to act just upon the guidance of the
head of the state and his/her Cabinet.

Prerogative of mercy
The president has the right of leniency by Article 49 of the Constitution, which permits him to
allow an acquittal to anyone, abrogating any court decision in Bangladesh.

3.4. Law relating to President’s Pardoning Power

Article 49 of the Constitution of Bangladesh gives kindness power on the President. Aside from
protected arrangements, the public authority might suspend, dispatch or drive the sentence of
an individual under the Code of Criminal Procedure of 189824 and also under the Penal Code
of 1860.25 As indicated by the Constitution, the President is to practice the right force of
kindness in conference with or as per the guidance of the Prime Minister through the Ministry
of Law and Parliamentary Affairs. Presently plainly the President is to act as indicated by the
wish of the public authority and he can't matter his singular tact. The President can't act
autonomously in practicing the privilege force of leniency. The object of giving this legal
power on the president is to address conceivable legal mistakes as no human arrangement of
legal organization can be liberated from splendors.

3.5. Conclusion
The President is known as the top of the chief in Bangladesh and needs to follow up on the
counsel of the Council of Ministers in each matter with the exception of the arrangement of the
Prime Minister. Further, the Constitution involves the freedoms and obligations of the resident
and the individual freedom of the resident that is central. It gives direction while settling on
issues of regulation. As see it, the pardon force of the President should be made autonomous
and the arrangement of help and counsel of the Council of Ministers ought to be confined for
equity. This might require alterations in the Constitution under explicit Articles, yet to maintain
the vote based worth of the Constitution, it is important to give expedient equity to each
individual.

23 "Background Note: Bangladesh", US Department of State, May 2007

24 Section 401 & 402 of the Code of Criminal Procedure, 1898.
25 Section 55 of the Penal Code, 1860.
 15

Chapter Four
Citizen’s Concern in Pardoning Power of President

4.1. Introduction
The force of 'pardon' has been managed by the legal executive in various nations. The
composers of the constitution of Bangladesh were all around familiar with the thought of
privilege power, having seen their utilization by British rulers during the provincial time frame.
Article 49 of Bangladesh Constitution has depended the President with a right of benevolence
pursuing the principal direction of ruler's honors. Justice Oliver Wendell Holmes in Biddle v.
Perovich26said, “An acquittal in our days is definitely not a private demonstration of beauty
from a singular ending up having power. Be that as it may, this "right power "experiences some
genuine shortcoming for example absence of the course of the practicing this carefulness of the
President himself. As a matter of fact the constitution gives this office to the president to go
about according to his carefulness based on his most ideal decision how might be helped the
government assistance of the general public, local area and country easily so nobody can
address him for his activity which he has accomplished for country by any stretch of the
imagination. While it is a right and ordinarily not addressed in any nation court, it has made
individuals restless. The hypothetical appearance of this right is too grave to even think about
thinking of it as softly particularly in Bangladesh where the President gets through a political
designation and a simple political decision by the individuals from the Parliament.27 In this
article I have attempted to investigate the foundation and objective of privilege of benevolence,
its training, the undermined sacred arrangements and the practicable control of this right in the
illumination of Bangladesh Constitution.

26 274 U.S 480 (1927). Available at http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US

&vol=274&invol=480 (visited on July 14, 2014
27 Article 48(1) of Bangladesh Constitution
 16

4.2. Effectiveness of the Pardon

(a) The protected incomparability and majority rule insight: In Bangladesh

Constitution from the introduction to the end the constitutionalists kept the topic of a
vote-based system in each portion of their work. The President of a state should not be
politically one-sided in the event that majority rules system connotes the public
authority for individuals. While a chosen government moves preferentially to save the
obliged individuals by delivering benevolence, it will be ended into political
absolutism. Normally, it is "Being for and about individuals' government assistance,
vote based sway by and large minimizes unrest and brutality as an essential means to
subdue oppressive approaches, constructions and ways of behaving.”28 The second and
third passage of the prelude of Bangladesh Constitution underscores on 'a majority rules
system' as the crucial guideline of the state strategy and 'popularity based interaction's
as a way to understand the points of the state separately. Article 7 expresses that
individuals of the republic keep every one of the powers.29 As a piece of the
constitution, this arrangement ought to sway any power. Thus, all specialists have been
started from the residents who have presented the experts on the various organs of the
state regularly known as the public authority.30

(b) Rule of Law: Unfair privilege of kindness by the President hampering the norms of
law and order. Bangladesh constitution obliges law and order by embedding
government to run as per regulation, uniformity for all residents,31 also, treatment as
per regulation,32 guaranteeing autonomy of legal executive,33 also, admittance to
equity,34 security against erratic activity of optional power 35 and so on. Bangladesh
promises the execution of 'fair treatment of regulation' as a condition of common

28 W.S. Matthew (2007) Democratic Sovereignty: Authority, legitimacy, and state in a globalizing age,
1st edition, UCL Press, Oxon, UK, p. 1
29 “All powers in the republic belong to the people, and their exercise on behalf of the people shall be

affected only under, and by the authority of, this constitution.

30 Shoib v Government of Bangladesh (37 DLR 318
31 Article 27 “All are equal before law and all are entitled to the equal protection of law.”
32 Article 31
33 Articles 94, 96 and 147
34Articles 44 and 102
35 Arbitrary or capricious exercise of discretion (Presiding Officer v Sadaruddin, 19 DLR (SC) 516) and

non-application of mind (Lutfu Mia v Bangladesh (1981) BLD (AD) 105).

 17

majority rule government and social uniformity. Uncontrolled and unapproachable

right benevolence let to deduce 'the standard of man' rather than 'law and order'.

(c) Independence of legal executive: The crooks will be incited by the priority of the
erratic activity of exonerating and will imagine that not the legal executive rather the
President is the last haven of them. In such manner, the organization of equity of the
state will be fallen down losing its institutional freedom. The President should go about
as a man of reasonability and consistently remember that his power for recuperating
equity, not to make any issue of bad form.

The exculpating force of the President is a compelling power. It is referenced in the article 4936
of the Constitution and others laws of the country. That when somebody rebuffed by the death
penalty or others, the President have ability to dispatch, suspend and drive that discipline. For
this the wrongdoer need to apply an absolution application towards the President. Then
President think about that application and analyze that is he qualified for the President right or
not. In the event that the President awards exoneration to that applied guilty party, that request
executed right away. In Bangladesh this cycle is uncovered practicable. For instance; Freedom
Fighter Abul Kahyer kindness, Jubo League pioneer Biplob and so forth
Over this model we can accept the exonerations force of the President. It is exclusively force
of the President and this interaction is vested on him and it is affected by the utilization of
absolution when acknowledged by the President.

4.3. Is it safe for the society?

Everything has both great and terrible side, there is dependably merits and faults walk together.
There is no unaltered in this.
The exculpation is ok for the general public, when a guilty party understand his responsibility
and needed to begin another life, he gets disappointed and educated from prison life. The
regulations are not for rebuff the guilty party, really the fundamental motivation behind the
regulations is to address them and make a perfect and quiet society. So as indicated by this each
guilty party will have one more opportunity to address or recuperate himself. He might remain
from past dull life; he might understand his culpability and wrong deeds. Each individual of
the general public reserve the privilege to experience that society and develop their loved ones.

36 The Constitution of Bangladesh,1972

 18

They will contribute the general public and work for the government assistance of the general
public. On the off chance that we kill somebody or rebuff somebody without allowing him
second opportunity, I figure it will be unfairness to him. So, the wrongdoer recuperate himself
and turn him as productive member of society of the nation and well-wisher of the general
public then, at that point, pardon is a decent opportunity for that individual and furthermore for
the general public. Society will have made genuine model by this.
Then again, in the event that the guilty party don't turn out to be great and don't leave those
offenses and remain his dull life then it isn't ok for the province and furthermore society to
excuse him. Maybe this deed becomes risky for society. That by this the guilty party gets
boldness and propelled to cause new wrongdoing and damage individuals recently. He
additionally turns out to be more ruthless and find new technique for wrongdoing and make
disarray in the general public. It is exceptionally far that he will help or contribute the great
deeds of the general public rather he will hurt the general public. Then, at that point, he might
upset the general public and made terrible model. It is seen that it is truly abuse of the President
absolution's power. The quantity of mercy under various states is displayed in the table
beneath:37
Year Incumbent President Rulings Party Number of
Clemency
1 1987 HM Ershad Jatiya Party 01

2 2005 Prof. Dr. Iajuddin Ahmed Bangladesh 02

Nationalist Party
3 2008 Prof. Dr. Iajuddin Ahmed Bangladesh 01
Nationalist Party
4 2009 Md. Zillur Rahman Awami League 01

5 2010 Md. Zillur Rahman Awami League 18

6 2011 Md. Zillur Rahman Awami League 02

7 2013 Md Abdul Hamid Awami League 03

8 2015 Md Abdul Hamid Awami League 01

Table 4.1: Quantity of Mercy in recent year

37 http://newagebd.com/newspaper1/archive_details.php?date=2022-02- 28&nid=51887
 19

4.4. Misuse of Mercy Power in Bangladesh: Some Recent Issues

Previous jubo association pioneer Aslam Fakir was condemned passing for killing Manikanda
UP executive AKM Saheb Ali on September 24, 2003.On November 2012 digger got discharge
under right benevolence of the president. Again in 2015 he captured regarding another
homicide case.
The way of life of absolving at first began in various manner as by proclaiming the Indemnity
Ordinance 1976 by President Khondaker Mostaq Ahmed which was additionally approved by
the following Parliament in 1979 and that draconian regulation restricted any examination and
indictment of the homicide of Sheik Mujib, the public chief and 14 individuals from his loved
ones.
The essence of the subject is essentially established in our political culture. The lawmakers
need to conclude whether they need maverick and criminal components in assisting their
supposed political targets even to the detriment of their public picture and social worthiness.
Legitimately talking, along these lines, the matter is very clear and express. What, in any case,
may not be enough and agreeably clear is whether, without the associated need with use of
sensible investigation, such legitimate activities are socially and politically alluring in a sound
majority rule nation. Upon a mark of explanation and explanation a resident could wish to
know whether public interest has required the activity of such phenomenal sacred power. In
Bangladesh, it isn't settled, whether the activity of right power by the President is dependent
upon legal survey or not. As of late a Division Bench of High Court Division held that in
practicing the force of kindness the President abused it.38 Revering to instances of different
cases, the Bench said the court had the locale to inspect whether the President had abused his
protected power.
Along these lines, there is both side of privilege kindness which is straightforwardly impacts
on the general public.

38 Sarwar Kamal vs. State, 64 DLR (2012) 331

 20

4.5. Importance of the Pardoning Power of President

An exoneration is a statement of the President's pardoning and normally is conceded in
acknowledgment of the candidate's acknowledgment of obligation regarding the wrongdoing
and laid out appropriate conduct for a critical timeframe after conviction or finish of sentence.
It doesn't connote honesty. An exoneration excludes somebody from discipline for a
wrongdoing. The absolving power is an innate right individual, and they can vest that power in
whomever they pick. State constitutions ordinarily explain where the exonerating power lies.
Pardons are ordinarily given to people; however, they can likewise go to gatherings. By this
somebody start another life and he might add to the general public too. So, the significance of
acquitting force of the president is incredible.

4.6. Conclusion
I stand with the presence of privilege of leniency in Bangladesh. It could charm individuals, on
the off chance that it would have been practiced for a judicious and manageable issue.
Assuming such optional force of the President is prejudicial, erratic or gross infringement of
the uniformity, equity and great still, small voice it very well may be tested as constraints in
practicing the privilege force of President are endorsed in Maru Ram39 case and simple political
or individual interest can't sabotage such right power. In Bangladesh, remembering the
instances of Indian Courts, right force of the President should be liable to certain proportions
of control.

39 Maru Ram Vs Union of India 1981(1) SCC 107

 21

Chapter Five
Key Findings and Recommendations

5.1. Introduction
The present situation of the President Pardoning Power in Bangladesh and the laws related this
topic is the main focus of this study. In this chapter I will highlight the findings. The obstacles
that will be seen in the implementation of the law will come out. How the both political pressure
and others abuse this power. We will then provide some Recommendations from this study in
the light of Findings, which will help in other research later.

5.2. Findings of the Study

While doing an assessment of use of Pardoning Power of the President of Bangladesh, some
important findings is crossed by me-

1. There is no commission by specialists who can examine the application and give

recommendation for that.

2. Sometimes habitual offenders get mercy.

3. Politically use of the President pardoning power.

4. The Prime Minister sometimes advise the President for pardon.

5. There is no specific guideline in the Article 49 of the Constitution.

6. There is no rules and regulations for judicial review in this matter.

7. Misuse of this power.

8. Offender doesn’t get any condition for the pardon.

 22

5.3. Recommendations of the study

In this condition, the unrestrained power of the presidential clemency is needed to be restrained
for the sake of justice. The following recommendations may be made to bring this under
positive control:

1. An effective scrutinizing commission should be formed, which will be presided over

by a Session Judge or a Supreme Court Judge and its other members may be

criminologist and some others who are experts in criminal laws. The commission will

verify the applications and check every aspects of pardoning systematically and

recommend who deserves pardon and who does not deserve.

2. The habitual offenders or those who are convicted of more than once should not be

shown any mercy.

3. None should be pardoned more than once.

4. Since the Prime Minister advises the President in granting pardon, the Prime Minister

should be more alert, lest a stigmatized offender gets the opportunity of being pardoned.

5. Article 49 of constitution may be amended including sufficient specific guidelines for

granting clemency.

6. The parliament should enact the provisions empowering the judiciary with review

jurisdiction against arbitrary clemency of the authority. If this house is indifferent to

establish the judicial review then the judiciary itself should exercise the suo moto

review power against the whimsical pardon.

7. Provisions may be provided in the Constitution so that conscious citizens may raise

voice against the misuse of this power. And

8. Most of the grounds of clemency should be conditional and not of absolute.

 23

5.4. Conclusion
The findings from this study are consistent with the objectives of our study. I have examined
all the related President pardoning power and its laws in Bangladesh, analyzed the situation,
assessed the feasibility of the existing law, and pointed out the obstacles in the implementation
of the law due to the increase in the number of internet users. Then I gave some
recommendations, which will help to conduct further research. But there is no alternative to
ignore the issue of random copyright infringement in internet and need to take adequate
measures to protect author’s right.
 24

BIBLOGRAPHY

List of Books:

1. M. Abdul Latif Mondal, Presidential prerogative to grant clemency, 2nd Edition

2. Mahmudul Islam, Constitutional Law of Bangladesh, 2nd Edition

3. Cambridge Advanced Learner ‘s Dictionary (2008) 3rd ed., Cambridge University

Press, UK

4. Oxford Advanced Learner ‘s Dictionary (2005), 7th ed., Oxford University Press, UK

5. J.P Rai, Exercise of Pardoning Power in India: Emerging Challenge

List of Enacted Law:

1. The Constitution of Bangladesh

2. The Constitution of India, 1949
3. The Code of criminal Procedure, 1898
4. The Penal Code, 1860

List of Judgment:

1. R. v. Foster (1985) QB 115

2. Attorney General of Trinidad and Tobago v. Philli (1994) 1 AC 394
3. Maru Ram v. Union of India 1981 (1) SCC 107
4. Epuru Sudhakar & Anr. v. Govt. of A.P. & ors. (2006) INSC 638
Presiding Officer v Sadaruddin, 19 DLR (SC) 516
5. Lutfu Mia v Bangladesh (1981) BLD (AD) 105).
6. Sarwar Kamal vs. State, 64 DLR (2012) 331
 25

List of Newspaper:

1. Bdnews24.com
2. The Daily Star
3. The Financial Express

Articles and Journals:

1. Blackstone, W. (1769) ―Commentaries on the Laws of England‖, Ch. 31

2. Islam, Md. Minhazul. (2012) ―Judicially Reviewing the President ‘s Prerogative of
Mercy: A Comparative Study‖, Bangladesh Research Publication Journal, Volume: 7,
Issue: 3, pp. 257-266
3. "Presidential Election Act, 1991". CommonLII. Archived from the original on 18 April
2012. Retrieved 3 December 2011
4. Chowdhury, M. Jashim Ali (6 November 2010). "Reminiscence of a lost battle: Arguing
for the revival of second schedule". The Daily Star. Archived from the original on 24
October 2012. Retrieved 3 December 2011
5. Background Note: Bangladesh", US Department of State, May 2007
6. The Private University Act, 1992". Südasien-Institut. Archived from the original on 25
April 2003. Retrieved 6 April 2011.
7. 274 U.S 480 (1927). Available at
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US &vol=274&invol=480
(visited on July 14, 2014
8. W.S. Matthew (2007) Democratic Sovereignty: Authority, legitimacy, and state in a
globalizing age, 1st edition, UCL Press, Oxon, UK, p. 1
9. All powers in the republic belong to the people, and their exercise on behalf of the
people shall be affected only under, and by the authority of, this constitution
 26

List of Website:

1. http://newagebd.com.
2. https://www.britannica.com
3. http://www.thedailystar.net
4. https://www.safeopedia.com
5. www.refworld.org