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Law enforcers have confirmed that the murder of MP Anwarul Azim Anar was conspired in Dhaka. But there is confusion about where the trial for this 'heinous'crime'—planned in Bangladesh and carried out in India – should take place.
Retired justice AHM Shamsuddin Chowdhury Manik believes the charges can be split between the two countries and separate trials conducted for the charge of conspiracy to murder in Bangladesh and murder in India.
“As the murder was conspired in Bangladesh, the trial can be held in Bangladesh. At the same time, it can also be held in India," he said.
The trials could run simultaneously in India and Bangladesh as conspiracy and murder are two separate crimes, he said.
Speaking with bdnews24.com’s ‘Inside Out’, Justice Manik shared his candid thoughts about the investigation and trial for MP Anar's murder, the extradition of alleged mastermind and US citizen Akhtaruzzaman aka Shaheen Mia, and issues related to the judiciary.
The full video of the interview is available on bdnews24.com's Facebook page and its YouTube channel.
“The offence took place in both the countries, in India and Bangladesh,” Manik said. “It was commenced in Bangladesh. As we have so far learned, the conspiracy took place in Dhaka, Bangladesh. So that conspiracy then ended in West Bengal by the killing, by the gruesome murder of Anar, which is incredibly brutal and gruesome indeed,” the retired justice said.
Under the laws of both countries, the trial can take place in Bangladesh as well as in India. But the trial for the murder should take place in India because it was necessary to get back the person who was named as the mastermind behind the killing, he said.
Justice Manik said only India could try to get Shaheen back from the US because there was no extradition treaty between Bangladesh and the United States of America.
“As an extradition treaty exists between India and the United States, India can apply to the government of the United States of America to hand Shaheen back to India,” said the expert in immigration and extradition law.
“Now I think there is a question whether the United States can extradite its own citizen. The answer is yes. An accused person can be extradited to another country even if he is residing in the country of his own nationality, that's not a problem.”
Bangladesh does not have the same ability to bring Shaheen to justice, he said.
“But as there is no extradition agreement between the United States of America and Bangladesh, it will not be possible for Bangladesh to get him [Shaheen] extradited from the United States. From that point of view, the murder trial should take place in India because the presence of Shaheen, not only for the purpose of the trial but also for the purpose of gathering information, is absolutely essential. So he must be available to Indian authorities or Bangladeshi ones. But as I said it is not possible on the part of the Bangladesh authorities to get him back from the United States.”
The charges could be split, the retired justice opined. “The conspiracy itself is an offence. It is separable from the offence of murder. Since the conspiracy took place in Bangladesh, a trial for conspiracy can take place in Bangladesh while the murder trial can take place in India. In fact, trials for both offences can take place in both countries but there has to be a compromise on this point about where which crime shall be tried.”
‘US MAY SAY NO TO CAPITAL PUNISHMENT’
Different countries around the world refrain from extraditing fugitives to countries that allow capital punishment.
Asked whether the US would allow extradition under the circumstances, Manik said:
“In almost every extradition act, including the extradition act of Bangladesh, there is a provision that the country shall not hand over an accused, a fugitive, to a country where he is likely to face the death sentence. But on that, there is a provision that if the recipient country or the requesting country gives an understanding that he shall not be sentenced to death, then that provision can be dispensed with.”
Simply because a killer can be sentenced to death under Indian law, it was not sufficient grounds for refusal to extradite Shaheen, the retired justice said.
But the United States may insist that Shaheen will not be sentenced to death if he is found guilty, he opined.
“But otherwise, normally, the parties to the treaty are bound, are in fact, obliged, under international law, to extradite a fugitive. So from that point of view, we believe the United States will extradite him to India,” said Manik.
WHAT HAPPENED?
Anar, a three-time MP from Jhenaidah-4 and president of the Kaliganj Upazila unit of the Awami League went to India for medical treatment on May 11.
Initially, he stayed at the house of his friend and gold trader Gopal Biswas in Kolkata’s Baranagar. However, he went out one day and never came back.
Later, Gopal filed a GD at the local police station, triggering investigations in both countries. On the morning of May 22, Indian media reported that MP Anar had been murdered at an apartment in New Town.
Based on information provided by Indian police, detective police in Bangladesh arrested three suspects. They were also taken into remand for interrogation.
The three are Amanulla Sayeed alias Shimul Bhuiyan alias Shihab aka Fazl Mohammad Bhuiyan, 56, Tanvir Bhuiyan, 30, and Celesty Rahman, 22.
Detective police also arrested another individual from Jashore in connection with the murder.
The detainee, Saiful Alam Molla Member, is an associate of Shimul Bhuiyan, leader of the extremist outfit Purbo Banglar Communist Party, who has been arrested on murder charges.
Police said Anar’s childhood friend Shaheen, a US citizen of Bangladeshi origin, was the ‘mastermind’ behind the murder. The killing was carried out by extremist leader Amanulla aka Shimul. Anar went to the apartment rented by Shaheen for a meeting the day after he reached Kolkata. The criminals killed him there.
The Criminal Investigation Department (CID) in West Bengal arrested a butcher called Jihad Howlader, who admitted to chopping up Anar’s body for disposal under Shaheen’s orders. Four more Bangladeshis helped him commit the crime, he said
A team of Indian detective police came to Bangladesh on May 24 and interrogated the three arrestees. Then a three-membered team from the Detective Branch of Police in Bangladesh went to Kolkata on May 25. They interrogated butcher Jihad and took him along on an inspection of the Sanjeeva Gardens apartment where Anar was said to have been killed.
While the DB officers were in Kolkata, some pieces of flesh were recovered from the septic tank of the apartment building.
Those samples were sent to the central forensic lab for a DNA test. This test requires a sample from the blood relatives of the victim. Mumtarin Ferdoush Dorin, the daughter of MP Anar, is supposed to go to Kolkata to take part in DNA tests to identify whether the flesh belongs to her father.
The Indian foreign ministry said it would provide ‘full support’ to Bangladesh for investigation of Anar’s killing.
The CID has formed a ‘special investigation team’ to solve the mystery of Anar’s murder, Indian media outlets reported.