Sheikh Hasina Sentenced to Death; Bangladesh Demands Extradition, India Weighs Political Clause.

India Today

This special report examines the diplomatic and legal fallout following a Bangladesh tribunal sentencing former Prime Minister Sheikh Hasina to death for crimes against humanity. The discussion, featuring former Indian High Commissioner to Bangladesh, Pinak Ranjan Chakravarty, and political analyst Shabkut Rabi, focuses on the interim government's demand for her extradition from India and the legitimacy of her trial. Ambassador Chakravarty states, 'the extradition treaty that India has with Bangladesh also has a clause that there shall be no extradition for political reasons'. The programme explores the evidence presented against Hasina, including witness testimony and call recordings, and questions the impartiality of the judiciary and the potential impact on future elections, given that Hasina's Awami League party is banned from political activities.

Transcript

00:00Let me bring in the guests who are joining us now.

00:02Shabkut Rabhi is a political analyst and founder of Centrist Nation TV.

00:06Pinak Chakravarti is former Indian High Commissioner to Bangladesh.

00:12I'm going to begin with you, Ambassador Chakravarti.

00:15How do you look at this developing situation,

00:17particularly with what has been said by the legal advisor to the interim government,

00:22Mr. Asif Nazrul, who has gone to the extent of saying that this is India's duty?

00:28Does it really mean that India is legally bound to extradite the former prime minister

00:33because the sense is that this kind of extradition doesn't really apply to political asylum seekers?

00:41Firstly, I think no country can demand extradition.

00:45Extradition is a legal process.

00:48I would like to remind your viewers that India itself has sought extradition of many criminals

00:53who are abroad, you know, in the UK, in the USA.

00:57We have succeeded in some cases and we have not.

01:01But you have to go through the courts to get an extradition order.

01:05So I think that will apply in this case.

01:08But over and above all that, the extradition treaty that India has with Bangladesh

01:13also has a clause that there shall be no extradition for political reasons.

01:20Now, if you can interpret the Hasina's case as a political one, because it clearly, as she has said,

01:30it's a result of a vendetta.

01:33It's whatever it is that it was all fixed, etc.

01:37And there is some truth in that, because I've been talking to people earlier,

01:41and they said that she will definitely be given a death sentence, because it has already been arranged.

01:48So I think these are the kind of things that have been happening.

01:51Now, if they wish to go on the rhetorical high road, they are welcome to do so.

01:57India will act according to the legal procedures.

02:00The law advisor apparently has said that India will be.

02:05So let them declare India as the enemy.

02:08And then we shall see how India has generally taken a low-key thing in this.

02:13I think the MEA has responded saying, in a very low-key manner, saying that we have noted these things.

02:19And India will continue to extend its hand of friendship to Bangladesh.

02:23And we'll deal with which our government is legitimately elected in Dhaka.

02:28Okay. Ambassador Chakraborty, you have used a very interesting phrase where you say that extradition cannot be demanded.

02:36It has to be agreed upon between the two sides.

02:38And the tone and tenor of this government right now in Bangladesh is deeply concerning,

02:45particularly the tone which has been used, that act of enmity, if I seen are not extradited.

02:52Shafkut, Rabhi, how are you looking at the developing situation,

02:55particularly that is there a sense on the ground among the people that Sheikh Hasina has not been given a fair trial?

03:02At least her side should have been heard.

03:05Her lawyers should have presented her side of the story.

03:09So thanks for having me.

03:10There was definitely a lawyer appointed by the state.

03:13There are some procedural reasons why she didn't have her own lawyer.

03:17There was a state representative lawyer, Ami Hossain probably was the name.

03:23This verdict, if you look at the legality of the verdict,

03:27there is no shortage of evidence on the Internet that there was a massive amount of killing

03:33that took place during those 36 days of July and August in Bangladesh.

03:38The only issue is whether those killings were directed by Sheikh Hasina herself

03:43and how much proof that we can have regarding that.

03:48And fortunately, in this case for the prosecution,

03:51there were some evidences, including the gentleman, the former police chief,

03:57who became a state witness and turned against her boss, his boss, which is Sheikh Hasina,

04:03and gave the witness that he received orders from her.

04:07So that was one.

04:08You have a live state witness here, like a special witness who's testifying against his political leader.

04:16And also, during that time, Bangladesh did not have Internet,

04:19so Sheikh Hasina was talking over unencrypted telephone lines,

04:23and her own military or intelligence was stabbing her.

04:28And those call recordings are now part of the trial.

04:31And those call recordings clearly showed some evidences that she was directing some of the helicopter attacks on students.

04:40So there were proofs, there are preponderance, abundance of proof all around the Internet,

04:46and now you have a connection tying her directly.

04:49So that was used against her in this tribuner.

04:53And the ICT itself was created by Sheikh Hasina at some point to try her opponents,

04:58and she successfully executed multiple of her opponents through the ICT tribunal.

05:03So it was fair back then, I guess, for her.

05:06It should be fair now.

05:09All right.

05:10Let me give the last word to Ambassador Chakravarti.

05:12Ambassador Chakravarti, a word from you on how do you see the development unfold,

05:18particularly the legitimacy of this entire trial,

05:21and also the legitimacy of the electoral process which will be following in Bangladesh.

05:26Well, let me say that the legitimacy of the interim government

05:32and the fact that there is no provision for it in the Constitution itself has been a big question.

05:40And now their actions, which have now resulted in this conviction of Hasina,

05:48will come under questioning as well,

05:51because, after all, the judiciary itself has been overhauled in a manner that there are questions as to their impartiality.

06:00Because if you remember, during the—after the agitation was over and Hasina was ousted,

06:08the Supreme Court judges were forced to resign, almost at gunpoint, I'm told.

06:13And then the others were made Supreme Court judges.

06:18Now, who picked them?

06:19What was the process?

06:21Nobody knows.

06:22Obviously, they were handpicked so that—so that verdicts, etc.

06:26So, the judiciary was compromised, and I think the ICT has also been compromised.

06:32So, these questions have arisen, and it has been asked before,

06:36and I think they will be asked now again.

06:38So, I think this is a problem that they will have to face about this kind of, you know, opposition to this verdict,

06:46apart from the fact that the Awami League, the largest party in the country,

06:51stands, you know, banned from activities, etc., and its registration has been—

06:58So, the next election also will come at the question as to how—

07:03why should you have an election by banning a major party?

07:06These questions cannot be answered offhand.

07:10They will remain, and they will have to deal with these questions,

07:13because everybody will be watching.

07:16And whether the—when you say we want free and fair and inclusive election,

07:20you can't have that by banning parties from participation.

07:25All right.

07:26Thank you for joining us, Shafkut Rabhi and Ambassador Chakravarti.

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