Consensus reached to establish permanent HC benches in divisional level: Ali Riaz

Political parties have reached a consensus on establishing permanent benches of the High Court in divisional headquarters, said Ali Riaz, vice-president of the National Consensus Commission.

He also said the political parties have agreed to enact a new legislation by amending the current Article 49, regarding presidential clemency.

According to the proposed changes, the president would only be able to grant pardons after taking into account the opinions of the victims' families.

Riaz made these remarks following the ninth day of the second phase of dialogues between the NCC and political parties, held today at the Foreign Service Academy in Dhaka.

He highlighted that there was broad agreement among parties regarding decentralisation of the judiciary.

"Consensus has been reached on amending Article 100 of the Constitution. While the permanent seat of the Supreme Court will remain in the capital, one or more permanent benches of the High Court will be established in each divisional level, subject to consultation with the chief justice," said Riaz.

Regarding presidential pardons, he said the issue had been widely abused in the past, especially in the last 16 years or so.

"All parties acknowledged the need to amend Article 49 of the Constitution, and enact a law regarding the presidential clemency," he added.

According to him, the Judicial Reform Commission previously made recommendations on this matter. Based on those, all parties agreed to revise Article 49, ensuring that any use of presidential clemency must follow a structured legal process, with standards, procedures, and the consent of the victims' families.

Article 49 of the Constitution currently allows the president to grant pardons, reprieves, and commutations of sentences.

The proposed amendment would establish a legal framework and guidelines to prevent future political misuse of this authority.

Riaz said further progress is expected in the coming week.

"Besides, there was supposed to be a discussion on the state of emergency. But this issue was tied to the National Constitutional Council. Now that the NCC is no longer at the discussion table, we will present the matter of the state of emergency to the political parties again in a new way," he said.

Noting that significant progress was made today, Riaz added, "Of the three major issues discussed, consensus was reached on two. We hope that by next week we will see further advancement on the remaining issues."