Were judges seized and forced to give a death penalty to Sheikh Hasina? Can Ex PM be legally tried by ICT? All you need to know

New Delhi: Bangladesh‘s International Crimes Tribunal (ICT) has sentenced former Prime Minister Sheikh Hasina to death. Experts are of the opinion that the verdict was delivered through force and coercion. Sheikh Hasina has also described the court’s verdict as “biased and political.” It is important to note that under Muhammad Yunus’s Bangladesh, Sheikh Hasina has been given the death sentence by crushing laws and using intimidation.

Notably, the ousted Prime Minister Sheikh Hasina could not legally be tried by the International Crimes Tribunal–Bangladesh (ICT-B), because it was established under the International Crimes (Tribunals) Act of 1973.

How was Sheikh Hasina handed a forced death sentence?

It is important to note that the 1973 Act and the amendments made to it in 2008 were specifically intended to deal with crimes of genocide committed during the 1971 Liberation War. After 5 August 2024, the amendments made to the ICT-B under the 1973 framework were introduced through an ordinance.

According to The Economic Times, a person familiar with ICT-B has said that the ordinance is invalid from the very beginning because a duly appointed executive was not in place and the Parliament had not approved it.

The report further adds that the constitutional expert from Bangladesh stated that the President of Bangladesh does not have the authority to issue an ordinance (Article 93), because the dissolution of Parliament was not carried out according to proper procedure.

On 10 August 2024, the Chief Justice of the Appellate Division of the Supreme Court and five other judges were surrounded by a crowd of students, who gave them an “ultimatum” and physically forced them to resign. According to the constitutional expert, the appointment of the current three judges of ICT-B was made in violation of the Constitution.