Amnesty to Killer
JS body grills law ministry for opinion
Shakhawat Liton
A parliamentary body yesterday grilled the law ministry about its shady opinion on the presidential amnesty granted to a person who was sentenced to death in a double murder case, but the ministry shifted the blame to the home ministry.The law ministry accused the home ministry of suppressing information about the much-talked about amnesty granted by the president in January this year. The parliamentary standing committee on law, justice and parliamentary affairs ministry at a meeting held in camera blamed the law ministry for not giving appropriate opinion examining all documents of the double murder case. Members of the committee observed the presidential mercy was given in a hurry. Awami League lawmaker Suranjit Sengupta, who is a member of the committee, alleged that the case of amnesty was settled in exchange for several crore taka received by a minister, a public prosecutor and other high-ups. Law Minister Moudud Ahmed however said his ministry had given its opinion on the basis of the case summary furnished by the home ministry. "We were not informed about the execution of the death sentences of two persons [in the same murder case]. The home ministry did not mention it in its case summary," Moudud told reporters after the meeting. Replying to a query, he said his ministry gave the opinion that the president can grant pardon to anybody exercising his constitutional power. "I have to go by the rules of business. I am not empowered to ask for other documents," he argued. But Committee Chairman Khandakar Mahbubuddin Ahmed disagreed with the law minister and said the ministry should not give an opinion casually if any file comes to it. "The law ministry should have the authority to ask for any related documents on the issue, otherwise its opinion is unnecessary," he argued. Echoing the committee chairman, opposition lawmaker Suranjit Sengupta said the constitution, fundamental rights and law have been violated in this case. Contradicting the law minister's statement at the meeting, he said the home ministry has nothing to do with the case. "It is the law ministry that sent a report to the prime minister and the prime minister advised the president on basis of the report." "The prime minister should not have depended on the law ministry's report," he said adding that the prime minister has exercised the power wilfully to save her party man. Mohiuddin Jintu, who was granted the presidential amnesty, claimed himself to be the founder president of the ruling BNP's Sweden chapter. Referring to the constitutional provision, Suranjit said the president performs all his duties without consulting the prime minister, except in the case of appointing the chief justice in consultation with the prime minister. The Awami League lawmaker held both the prime minister and the law minister responsible for violating the constitution and fundamental rights by suggesting presidential mercy for a person convicted in a double murder case. Yesterday's meeting of the committee was held in camera after the law minister said the report on the case was a classified document and it should not be made public. The committee chairman agreed with his proposal for holding the meeting in camera, but Suranjit opposed it. The chairman then asked all the officials, except the law secretary, to leave the meeting room. The one- hour discussion on the issue witnessed a heated debate between the law minister and the AL lawmaker. The law minister showed the committee members the documents relating to the presidential mercy. But the ministry did not provide the committee members with the copy of the report. The report signed by the law minister, joint secretary and deputy secretary of the law ministry said three persons were sentenced to death in a double murder case. The president can grant a pardon to the person [Mohiuddin Jintu] who sought the mercy. Referring to the amnesty power of the presidents of the US, UK and India, Suranjit said the presidents in those countries do not exercise the power whimsically. The ministries or the departments concerned play vital role in exercising the power. "So there is no scope of the law ministry to avoid its role on this matter." Committee Chairman Mahbubuddin Ahmed, a lawmaker from the ruling BNP, also said the law ministry should have a role to play in this regard. Talking to reporters after the meeting, Suranjit said, "The person [Mohiuddin Jintu] had been a fugitive for a long time while two other convicts in the case were hanged. Why was he granted presidential amnesty so hurriedly?" The law minister said the home ministry did not mention in its note that two persons convicted in the case were hanged. "The home ministry sought our opinion whether the president can grant a pardon. We did not give any opinion in favour of or against it." He said he showed the report to the committee members for the sake of transparency although it is a classified document. PRESIDENTIAL AMNESTY President Iajuddin Ahmed in January this year granted amnesty to Mohiuddin Jintu, who was awarded death penalty 23 years ago in a double-murder case. After evading capture by the law enforcers for more than two decades, he surrendered to the Metropolitan Sessions Judge's Court, Dhaka on January 3 this year. He was granted amnesty within 12 days of the surrender. Metropolitan Sessions Judge, Dhaka, Motiur Rahman in 1982 sentenced Jintu to death for murdering businessmen Abdul Khaleq Rana and Firoz Al Mamun of Demra the same year. The judgement was delivered in absentia. DISCUSSION ON AUG 21 The parliamentary committee also discussed the judicial probe report on August 21 grenade attack on an AL rally in Dhaka that killed 23. The law minister said his ministry had no involvement with the report as the home ministry is dealing with the matter. The law minister suggested raising the issue before the parliamentary standing committee on home ministry.
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