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Friday, October 31, 2014, Kartik 16, 1421, Muharram 6, 1436 Hijr

President's clemency to convicts cannot be curbed: PM
Special Correspondent
Publish Date : 2014-10-31,  Publish Time : 00:00,  View Count : 122
Prime Minister Sheikh Hasina said the state Constitution cannot be amended to curb the President's authority to condone political convicts.
The President should have the leverage to exercise his power to pardon people in prison, she said at a press conference on Thursday at Gonobhaban.
However, virtually the power to grant pardon is the prerogative of the Prime Minister as per the Constitution.
Article 48(3) says, "In the exercise of all his functions, save only that of appointing the Prime Minister pursuant to clause (3) of article 56 and the Chief Justice pursuant to clause (1) of article 95, the President shall act in accordance with the advice of the Prime Minister: Provided that the question whether any, and if so what, advice has been tendered by the Prime Minister to the President shall not be enquired into in any court."
She was responding to worries of civil society and activists of war crimes trial to abrogate Article 49 so that the war crimes convicts prison sentences and death penalties are not pardoned.
Article 49 says: The President shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority.

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