Bangladesh Supreme Court warns prosecutor over Hasina appeal remarks

Bangladesh's Supreme Court warned chief prosecutor Aminul Islam against commenting publicly on matters under judicial review. The rebuke has sharpened focus on due process in the appeals linked to Abul Kalam Azad and Sheikh Hasina.

Bangladesh's Supreme Court on Tuesday warned the chief prosecutor of the country's International Crimes Tribunal, Aminul Islam, against speaking publicly on matters that are pending judicial review. The warning came a day after he said deposed prime minister Sheikh Hasina had no scope to appeal against her death sentence.

The court's intervention came during the hearing of an appeal by death row convict Abul Kalam Azad, also known as Bachchu Razakar, against his conviction by the International Crimes Tribunal-Bangladesh in absentia. A four-member bench of the Appellate Division adjourned the hearing for four weeks after a brief hearing, with Islam appearing for the state.

"The apex court has warned the chief prosecutor (Aminul Islam) for speaking openly about a pending matter in the media, and he has been asked to refrain from commenting on it," a court official said. Islam acknowledged the warning, saying, "I will not make any comments in advance from now on."

The court stepped in after Islam said on Monday that neither Hasina nor Azad could challenge the tribunal's verdicts. "Those sentenced to death by the court, including Sheikh Hasina, who have not appealed within 30 days of the verdict, will no longer have the opportunity to do so," Islam had told reporters at his office. "The law applies equally to everyone, whether it is fugitive Maulana Abul Kalam Azad or former prime minister Sheikh Hasina, who has been sentenced to death," he said.

Azad was sentenced to death by the special tribunal in 2013 in the first verdict delivered by the ICT-BD. He had fled the country to evade justice but returned to Bangladesh in January this year. Following his return, the home ministry under the interim administration led by Muhammad Yunus granted a "temporary stay" on his execution. After he later surrendered before the ICT-BD, the tribunal allowed him to remain free for the time being instead of sending him to jail.

His lawyers in July challenged the ICT-BD's death sentence before the Supreme Court's Appellate Division and also submitted an explanation for filing the appeal after the stipulated 30-day period. The ICT-BD was originally set up to prosecute those accused of collaborating with Pakistani forces during Bangladesh's 1971 Liberation War.

Under the interim administration led by Yunus, the tribunal prosecuted and later sentenced Hasina to death in absentia for human rights abuses. Hasina's government was toppled after the student-led uprising on August 5, 2024, following which she fled to India, where she has remained. The case before the Supreme Court has now drawn attention to both Azad's delayed appeal and the limits on public comment in matters under judicial review.

With PTI Inputs

- Ends