The execution of the death sentence handed down against ousted Prime Minister Sheikh Hasina by the International Crimes Tribunal last year is now the only legal course, as she has failed to appeal within the stipulated timeframe, Chief Prosecutor Md Aminul Islam said on Tuesday.
Hasina had avoided the judicial proceedings against her and did not return to Bangladesh to face trial. She also failed to appeal within the stipulated period after the verdict was published. Consequently, she no longer has any scope to appeal under the law, the chief prosecutor said while responding to questions from journalists at a press briefing on the tribunal premises.
Explaining the legal position, Aminul Islam said Section 21(3) of the International Crimes (Tribunals) Act, 1973, stipulates that no appeal can be filed after 30 days have elapsed from the publication of a verdict. He described the provision as mandatory.
He added that if an appeal is not admitted by the Appellate Division, there is no scope for her to seek any remedy under Article 104 of the Constitution either.
Responding to discussions on social media about whether a hearing is required before the death sentence can be executed, the chief prosecutor said a death sentence handed down by a sessions judge in an ordinary murder case requires confirmation by the High Court.
However, the International Crimes Tribunal is a special court equivalent in status to the High Court, with its judicial benches comprising three judges. Appeals against its verdicts go directly to the Appellate Division of the Supreme Court, bypassing the High Court, he said.
He further said Section 29(2) of the Limitation Act requires the provisions of a special law to be followed in cases governed by that law. Therefore, the procedures applicable to ordinary cases do not apply to the tribunal's verdicts.
Regarding Hasina's return to Bangladesh, Aminul Islam said that if she had been willing to return, she would have come back within the stipulated period to face the case.
If she now wants to return, the Indian government will have to make a formal request, he said.
On the question of her passport, the chief prosecutor said Sections 6 and 7 of the Bangladesh Passport Order, 1973, do not allow passport authorities to issue or provide a passport to a person sentenced to death for an offence involving moral turpitude who has absconded to evade judicial proceedings.
Although Article 36 of the Constitution guarantees the right to leave the country, that provision does not apply to a convicted or absconding person, he added.
Commenting on reports that Hasina had applied for a passport through a London-based law firm to the Indian embassy, Aminul Islam said the concerned individual must personally apply for a passport.
A London-based law firm cannot submit such an application without a specific legal agreement with its client, making the matter highly mysterious and unclear, he said.