MP Azim murder: Trial to take place in Bangladesh or India?
According to legal experts, the trial can take place in either country
The murder of Jhenaidah-4 MP Anwarul Azim Anar in Kolkata has shocked both Bangladesh and India, with law enforcement agencies from both countries investigating the incident. A team of Indian police has arrived in Dhaka to cross-examine witnesses and piece together the evidence in this regard.
As the investigation progresses and the legal processes get more complicated, questions have arisen regarding where the trial will take place– Bangladesh or India?
Home Minister Asaduzzaman Khan Kamal stated that although the murder occurred in India, all those involved in the incident are from Bangladesh.
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MP Azim's daughter Mumtarin Ferdous Doreen has filed a case with Sher-e-Bangla Nagar Police Station yesterday (22 May), alleging that her father was abducted with the intent to kill him.
However, no case was filed in India yet, with only a general diary filed in the relevant police station after MP Azim went missing in Kolkata.
What experts say?
According to legal experts, the trial can take place in either country.
"The murder case could be prosecuted in either country based on the consensus between the law enforcement agencies of both nations," Supreme Court lawyer Barrister Tapas Kanti Baul told The Business Standard.
Additionally, he mentioned the possibility of separate cases and trials in the courts of both countries, depending on the mutual understanding of the involved parties from each country.
The lawyer pointed out that the Jatiya Sangsad passed the "Mutual Legal Assistance in Criminal Matters Act" in 2012 to address such crimes.
Subsequently, the government issued a guideline titled "Implementation Guidelines on Mutual Legal Assistance in Criminal Matters" to facilitate the enforcement of this law.
Barrister Tapas also noted that on 13 January 2011, India and Bangladesh signed a memorandum of understanding titled "Protocol for exchange of instruments of ratification regarding the India-Bangladesh agreement on mutual legal assistance in criminal matters" to enhance cooperation between the two countries in prosecuting mutual crimes.
He explained that according to the law and the MoU, the law enforcement agencies of both countries will collaborate in investigating this case. Subsequently, a consolidated charge sheet will be submitted in the court of the country where the trial will be conducted.
He emphasised that when the trial commences, the accused should be shifted to the court of the country where the trial will be held.
Additionally, the evidence pertaining to the case must be presented in the court where the trial is scheduled to proceed. In this scenario, the law enforcement agencies will collaborate to ensure the presence of witnesses in the relevant court.
Barrister Tapas Kanti highlighted that both countries have the option to utilise visual mediums as evidence in the legal proceedings.
"Once the trial of the case concludes, the sentence of the accused will be executed. However, if separate trials occur in both countries for the same case, the accused will be transferred to the law enforcement agencies of the country where the punishment is more severe, as determined by the court of that country," he said.
The lawyer clarified that if the sentences are the same, the convicts will serve their sentence in either country.
On Wednesday, Foreign Minister Dr Hasan Mahmud said, "This is not a matter between the two states. The home minister said it was a planned murder. We are getting all the updates via the Bangladesh High Commission in Kolkata.
Speaking at a press briefing in the capital today (23 May), Dhaka Metropolitan Police Chief Mohammad Harun-or-Rashid Akhtaruzzaman Shahin, the alleged mastermind in the murder of MP Anwarul Azim Anar, had been plotting for three months to kill Azim.
Shimul Bhuiyan, a leader of the extremist organisation Purba Banglar Communist Party, was the main hitman, Harun said, adding that he had obtained a fake passport with the name Amanullah to disguise his identity.
Regarding the reason behind the murder, he said, "Once we conclude the investigation we can ascertain the motive. Our main focus is now arresting the rest of the accused and others involved."
MP Azim, who went missing from Kolkata on 14 May, was found dead in Kolkata yesterday (22 May). He went there on 11 May for medical treatment.
The Detective Branch arrested Shimul aka Amanullah for the murder yesterday.
"Kolkata police have arrested two more in this connection," said Foreign Affairs Minister Hasan Mahmud yesterday.
