Editorial

Review the provisions of presidential pardon

Published On: October 21, 2023 07:30 AM NPT By: Republica  | @RepublicaNepal


In a shocking and deeply unsettling incident, a man granted clemency by President Ram Chandra Paudel on Constitution Day has committed a heinous crime just 25 days after his release from prison. The case of 33-year-old Lok Bahadur BK, also known as Lokendra, raises grave concerns about the criteria and procedures for granting presidential pardons. It is high time that we reevaluate these procedures to prevent such incidents from happening in the future and put an end to the misuse of this provision by political parties to protect their leaders and cadres involved in heinous crimes, which ultimately undermines the rule of law. Lokendra's story is a stark reminder of the unintended consequences that can arise when the system of presidential pardons is not adequately scrutinized. Granted clemency on Constitution Day, he was among eight individuals released from Rukum Jail due to their good conduct. His release was based on the belief that he had exhibited good behavior and had already served seven months and 12 days of his sentence for a polygamy case imposed by the Surkhet High Court. However, just 25 days after his release, he found himself at the center of a horrifying murder case.

Lokendra's alleged involvement in the murder of 28-year-old Bhawana BK from Musikot Municipality-7 Sankh has sent shockwaves through our community. The incident, which occurred on October 16, paints a grim picture of the consequences of granting pardons without thorough scrutiny. Bhawana was discovered dead in a hotel room, her throat slit with a sharp knife, and covered with a quilt. Preliminary police investigation indicates that the motive behind the murder may be linked to an extramarital affair and financial dealings. Both the husband of the deceased and the wife of the murder suspect are currently working abroad, further complicating the case. What is particularly concerning is the extensive communication between the defendant and the deceased since his release, with 124 phone conversations between them. Additionally, the woman had visited him twice while he was in prison, a fact confirmed by Acting Jailer Akbar Gharti, who attested to Lokendra's good behavior during his imprisonment. These facts indicate that the authorities might not have adequately assessed the risk posed by Lokendra's release.

This incident, in all its tragic details, underscores the pressing need for a comprehensive review of the criteria and procedures for granting pardons and clemency. It is essential that we critically evaluate the factors considered in the decision-making process to ensure that individuals with violent tendencies do not return to society prematurely. A balance must be struck between recognizing good behavior and preventing the potential harm that can result from releasing dangerous individuals back into the community. The presidential pardon is a vital legal instrument that aims to promote justice and mercy. However, when it is misused, it not only endangers society but also erodes public trust in the justice system. Political parties must refrain from exploiting these provisions to protect their leaders and cadres involved in heinous crimes. This flagrant disregard for the rule of law undermines the very principles upon which our nation is built. The incident involving Lokendra should serve as a wake-up call for our policymakers and legal experts.

While it is crucial to maintain the potential for clemency and pardons in our legal system, it is equally imperative to ensure that these mechanisms are not abused or manipulated. A comprehensive review of the criteria for granting pardons, involving input from legal experts, law enforcement agencies, and civil society, is an urgent necessity. First and foremost, the review should incorporate a more rigorous assessment of an inmate's risk profile, particularly in cases involving violent or heinous crimes. It is imperative that the authorities consider factors such as the inmate's behavior during their sentence, their potential risk to society, and the circumstances surrounding their offense. In cases where there are signs of potential danger, a more cautious approach should be adopted, ensuring that public safety remains paramount. Furthermore, transparency in the decision-making process is vital. The reasons for granting or denying a pardon should be made public, allowing citizens to have confidence in the fairness and objectivity of the process. The case of Lokendra's alleged involvement in a gruesome murder barely after 25 days of his release serves as a stark reminder that the system of presidential pardons and clemency requires immediate attention and reform. The time for reform is now, and we must act swiftly to prevent such tragic incidents from recurring in the future.


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