Abu Jakir :
The International Crimes Tribunal (ICT) has issued an arrest warrant for former Prime Minister Sheikh Hasina and 44 others, including Awami League General Secretary Obaidul Quader, over their alleged involvement in mass killings during the student-led uprising in July-August.
The tribunal has also ordered the arrest of Sheikh Hasina, who fled to India on August 5, and has mandated her appearance in court by November 18.
The warrants were issued on Thursday following two separate pleas. The trial for the killings of innocent students during the protests began Thursday morning, marking a significant step in the tribunal’s proceedings.
Chief Prosecutor Mohammad Tajul Islam highlighted the severity of the crimes and the widespread violence across the country.
He emphasized that the accused hold significant influence, making their arrests essential for a fair investigation.
“Ordinary people, even the families of the deceased, are too afraid to speak out. For a thorough investigation, we requested the issuance of arrest warrants,” Tajul Islam stated.
The tribunal, chaired by Justice Golam Mortuza Majumder, alongside tribunal members Justice Md Shafiul Alam Mahmud and retired judge Mohitul Haque Enam Chowdhury, granted the plea and issued the arrest warrant for Sheikh Hasina, ordering her to appear in court by November 18.
In a separate plea, the tribunal also approved arrest warrants for Obaidul Quader and 43 other individuals, including cabinet members.
However, the chief prosecutor noted that many of these individuals still hold influential positions within the government, and their names have not been disclosed publicly.
Foreign Adviser Md Touhid Hossain affirmed his ministry’s commitment to bringing back Sheikh Hasina and the other accused wanted by the tribunal.
During a press briefing on Thursday, he stated, “We will use all our efforts to bring them back.
A month has been given for this. I won’t comment further, as the situation is still developing.”
In response to inquiries about Sheikh Hasina’s location, Hossain mentioned that unofficial sources indicate she is in India, and efforts will be made to track down the other accused.
When asked about the methods for bringing her back, he added, “The procedure is not important. The court has ordered her arrest.
Since the police cannot act because she is not in the country, that’s where our involvement will come in.”
Earlier, Chief Prosecutor Tajul Islam announced that assistance from Interpol would be sought to bring back fugitives, including Sheikh Hasina, implicated in the killings during the student protests.
The International Crimes Tribunal, established in 2010 to prosecute crimes against humanity committed during the 1971 Liberation War, has already tried and executed several individuals.
The current trials aim to address crimes committed during the recent student uprising, following Sheikh Hasina’s resignation and departure from Bangladesh on August 5.
The interim government has vowed to pursue justice through the tribunal, reaffirming its commitment to prosecuting those responsible for crimes against humanity during the protests.
Extradition Treaty with India: Key Provisions
Under the 2013 extradition treaty between the Republic of India and the People’s Republic of Bangladesh, requests for extradition (Article 10) must be made through diplomatic channels.
“If the request relates to an accused person, it must be accompanied by a warrant of arrest issued by a judge, magistrate, or other competent authority in the territory of the requesting state, along with sufficient evidence that, according to the law of the requested state, would justify committal for trial if the offense had been committed in the requested state’s territory.
This includes evidence that the person requested is the one named in the warrant of arrest,” the treaty states.
Additionally, the treaty specifies: “If the requested state considers the evidence or information provided insufficient to enable a decision on the request, additional evidence or information shall be submitted within a time frame set by the requested state.”
The treaty also allows for provisional arrest, stating, “In urgent cases, one contracting state may request the other contracting state to provisionally arrest the person sought.
Such requests must be made in writing and transmitted to the Central Authority of the requested state through diplomatic channels.”