Hasina must appeal in 30 days against verdict
Staff Reporter :
Former prime minister Sheikh Hasina, on Monday sentenced to death by International Crimes Tribunal-1, will forfeit her right to appeal if she fails to file within 30 days of the verdict, prosecutor Gazi Monowar Hossain Tamim said on Tuesday.
The same applies to former home minister Asaduzzaman Khan, who was convicted alongside her.
Speaking to reporters at the tribunal premises, the prosecutor explained that the legal structure of the ICT leaves no room for filing an appeal after the deadline.
He said that if the convicts fail to appeal within the 30-day limit and are later arrested, the verdict will be executed.
His remarks came a day after the tribunal sentenced Sheikh Hasina and Asaduzzaman Khan to death for killings and other crimes against humanity committed during the July 2024 mass uprising.
The same verdict sentenced former inspector general of police Chowdhury Abdullah Al-Mamun, who testified as an approver, to five years in prison.
Under Section 21 of the ICT Act, any convict has the right to appeal. Sub-section 3 clearly states that the appeal must be filed within 30 days from the date of conviction, and once that time has elapsed, no appeal will be accepted.
Sub-section 4 further states that the Appellate Division must dispose of such appeals within 60 days of filing.
The prosecutor noted that this structure reflects the nature of special laws: when a statute explicitly sets the window for appeal, the court cannot relax or extend that timeframe.
A journalist asked what would happen if Sheikh Hasina returned after three months to attempt an appeal. In response, Gazi Monowar clarified how appeal timelines function in the broader criminal justice system.
He said that in cases where no specific appeal deadline exists, the Limitation Act applies, allowing for delay condonation under its provisions.
However, in special laws such as the ICT Act, where appeal deadlines are explicitly provided, the option of condoning delays simply does not exist.
He added that once 30 days pass without an appeal, the state will move to enforce the verdict if the convicts are apprehended.
When pressed further about whether everything must be done within the 30-day period, the prosecutor reaffirmed that the law leaves no ambiguity. After 30 days, he said, the tribunal’s verdict stands ready for execution upon arrest of the convicts.
He acknowledged that the Appellate Division retains the authority to ensure complete justice, but emphasized that the tribunal law itself prevents the court from granting exceptions once the appeal deadline has expired.
In response to a question about whether former IGP Mamun could now apply for bail, the prosecutor said the tribunal has no further jurisdiction over the convicts.
Once the verdict is delivered, their only remaining interaction with the tribunal is to request certified copies of the judgment, witness testimonies, or other documents necessary for appeal.
If they wish to seek bail, they may do so only when filing their appeal at the Appellate Division.
Families of the July uprising victims have expressed dissatisfaction with the five-year sentence handed to former IGP Mamun, saying they intend to appeal for a harsher punishment.
Gazi Monowar confirmed that they, too, must submit their appeal within the 30-day deadline if they wish to challenge the judgment.
With the countdown now underway, the legal clock is ticking. Unless Sheikh Hasina, Asaduzzaman Khan, or the victims’ families act within the statutory timeframe, the tribunal’s verdict will move toward execution and finality under the strict provisions of the ICT Act.