May 27, 2024, Monday
Nepal 1:37:26 pm

Pardon-power

The Nepal Weekly
October 10, 2023

The pardon power particularly its fair use and misuse in practice is currently being discussed with passion in the public sphere. The context against which the discussion is being held is: recent pardon granted by the Head of State on the recommendation of the government. People who are not happy with the way the pardon was granted are raising the issue of misuse of the power for partisan interest. Those who recommended pardon and granted it are arguing they are simply following the provisions of the constitution. The conflict between the two rides is significant and should be discussed thoroughly in open forums. If it is not reasonably and democratically discussed and if a solution is not explored, such conflict would trouble Nepali society in future as well, the provision of pardon power is usually mentioned and practiced in democracies and countries where the rule of law is given top priority, champions of separation of power among three institutions executive, legislature and judiciary also regard the pardon-power as essential in multi-faceted affairs of state. They, however, emphasizes on the right use of the power. Any wrong use, they warn, would not be acceptable to the society as a whole. All should be consciously aware of the fact that the pardon-power is the expression of humanistic forgiveness and mercy. It is and instrument to protect high values of human spirit, it is a special guard rail against any possibility intentioned or circumstantial of miscarriage of justice. All concerned should therefore use the pardon-power with at most care respecting the moral standards fairly and in the transparent manner. It should, in no circumstance be used as a tool to serve partisan interest or satisfy personal ego or take revenge. All discussants of the pardon-power should also ensure that their contribution could make the path forward more comfortable. Their deliberations today should pave way for inspiring all concerned to have the right use of pardon power for a right cause.