India’s refusal to repatriate Hasina would breach extradition treaty: Asif Nazrul
About 2,500 cases that were filed accusing lakhs of individuals in 25 districts have been identified as being politically-motivated, he says
Highlights
- India's refusal to extradite Sheikh Hasina would breach the existing treaty
- A red alert will be issued via Interpol against Sheikh Hasina
- All Cybersecurity Act cases will be withdrawn within two weeks
- Around 2,500 politically motivated cases have been identified for withdrawal by February
If India refuses to extradite former prime minister Sheikh Hasina despite the existing treaty, it would constitute a clear violation of the agreement, said Adviser Dr Asif Nazrul.
"We have sent a formal letter regarding the extradition. If India does not comply, it will be a breach of the treaty, and we will take this matter to the global community through the Ministry of Foreign Affairs," he said during a press conference at the Secretariat today (21 January).
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Stating that the process is underway to issue a red alert against Sheikh Hasina via Interpol, he said, "We are taking all necessary actions and will consider further measures if needed."
On 12 November, the ICT chief prosecutor's office sent a letter to Interpol, urging it to issue a "red notice" against Hasina to facilitate her arrest and repatriation for orchestrating the killings, genocides and crimes against humanity committed during the student-led mass-uprising in July and August.
The International Crimes Tribunal has started trials of the former prime minister, Sheikh Hasina, for crimes against humanity.
The Ministry of Foreign Affairs has formally requested her extradition under the treaty.
Article 1 of the treaty obligates Bangladesh and India to extradite not just those individuals in their territories who have been found guilty of committing an extraditable offence (an offence punishable under the Indian and Bangladeshi laws by at least a one-year jail term) in the other country's territories.
But it also extends to those individuals who have been charged with committing crimes. Thus, Hasina can be extradited even if she is yet to be proven guilty in the Bangladeshi courts.
Charging her of these crimes is sufficient to trigger the process of her extradition from India.
All Cyber Security Act cases filed during AL regime to be withdrawn in 2 weeks
All cases filed under the Cyber Security Act during the ousted Awami League government's tenure will be withdrawn within the next two weeks, said Adviser Asif Nazrul.
"We are taking steps to reform the Cybersecurity Act, with the ICT ministry actively working on it," he said.
About 2,500 cases that were filed accusing lakhs of individuals in 25 districts have been identified as being politically-motivated, he said.
These will also be withdrawn by February, said the adviser for law, justice and parliamentary affairs.
Asif further said "ghost cases" have been identified using four methods, including whether or not the police initiated the cases, if there were any common trends such as filing cases under the Explosives Act or Arms Act or for attacks on police.
Many cases which listed numerous unidentified accused, or if they were filed before or after significant opposition rallies or elections were also checked.
Cyber Security Ordinance: When the law fails to define, anything can be considered a crime
Based on these criteria, 2,500 cases have been marked for withdrawal by February, he said.
Regarding future judge appointments, he said competence and impartiality will be prioritised, with the Supreme Court Judges Appointment Ordinance 2025 now gazetted.
