Chief Prosecutor of the International Crimes Tribunal (ICT) Md Aminul Islam has described India's “suggestion” for a retrial of ousted Prime Minister Sheikh Hasina as "bizarre".
There is no legal provision for trying a person twice for the same offence, he said while responding to journalists' questions on international media report that the Indian government wants Hasina to be given an opportunity to appeal or face a retrial at a press briefing on the ICT premises on Sunday afternoon.
Explaining the legal term, the chief prosecutor said a retrial, also known as a "de novo trial", means conducting a fresh trial in a case that has already been concluded.
He said such a provision had once existed in India, Pakistan and Bangladesh but had since been abolished in all three countries.
"It is incomprehensible how a country that does not follow such a judicial process itself can suggest it to another country," he said.
Questioning India's position, Aminul Islam said the Indian government had been aware of the legal proceedings in Bangladesh since Hasina fled there.
"Why did India not advise her to return to Bangladesh and face trial when the proceedings began? Why was she not advised to file an appeal within the stipulated time? Instead, they are now suggesting a retrial, long after the deadline for filing an appeal has passed," he said.
He said India could have advised Hasina to return to Bangladesh and face trial or file an appeal within the prescribed time.
"But they are proposing a retrial only after the deadlines for both the trial and the appeal have expired," he added.
He said neither the government nor the chief prosecutor had the authority to grant Hasina a fresh opportunity to appeal, as the matter was governed strictly by law.
Referring to the International Crimes (Tribunals) Act, 1973, and its rules of procedure, Aminul Islam said the then Awami League government had enacted the law in 1973, while the rules governing proceedings under it were framed in 2010.
He said the tribunal had conducted its proceedings under the same Act and rules until 2024.
The chief prosecutor said the current government had made no changes to the provisions relating to appeals.
The judicial process continues to be governed by the existing law, and the right to appeal remains subject to its provisions, he said.