Staff Reporter:
Political parties have reached a consensus on two key issues — setting up permanent High Court benches
in every division and amending the presidential clemency provision, said Vice Chairman of the National
Consensus Commission Prof Ali Riaz on Thursday.
“Yesterday’s dialogue saw significant progress. We achieved consensus on two issues,” he said while
briefing reporters in the afternoon after the ninth day of the second round reform dialogue at the Foreign
Service Academy in the capital.
Profi Riaz said all political parties agreed that the judiciary should be decentralised and permanent
benches of the High Court should be established in each of the eight divisions. “It was agreed that one or
more than one permanent benches of the High Court Division will be set up in the divisional level outside
Dhaka,” he said.
To this end, Ali Riaz said, the consensus came on amending Article 100 of the Constitution to facilitate
this proposed judicial decentralisation.
About the presidential clemency provision under the Article 49 of the Constitution, Prof Riaz said the
parties acknowledged the provision has long been misused for political purposes. “All political parties
recognised the need to revise the constitutional article and include a provision in the article that the
presidential clemency power shall be applied in line with a new law.”
The President shall apply the clemency power in the line with a law that will be enacted in the Parliament,
Ali Riza said.
Under the proposed new framework, he said, the President’s power to pardon would require consultation
with the victims’ families to ensure justice is not undermined.
Noting that the presidential clemency power was massively misused in the past, he said if this (proposal)
is implemented, it will stop the misuse of the presidential authority.
Prof Riaz said another issue – the imposition of emergency – was on the agenda but was deferred as the
National Coordination Council (NCC) is no longer at the discussion table. “We will place the issue afresh
before the political parties in the coming days,” he said.
Citing that a significant progress was attained in Thursday's discussion, he said, “We’re optimistic that
we’ll reach consensus on several more issues by next week.”