'Our legal process is done, the decision is India's' on Hasina's return: law minister; Awami League calls lockdown for 19 November

Law Minister Md Asaduzzaman has said everything that needed to be done through the legal process on Bangladesh's side regarding Sheikh Hasina's return to the country has been done. Answering journalists' questions on Saturday, he said: 'Sheikh Hasina will come to Bangladesh through the legal opportunity. Whatever legal steps were needed from our side, we have done them. What they (India) will do is their matter.'

Asked whether the Indian government had discussed sending Sheikh Hasina to a third country with Bangladesh, the law minister said: 'That is for them to say.' Citing the International Crimes Tribunal Act, he said a person accused and convicted of crimes against humanity cannot claim fundamental rights.

Sheikh Hasina, the former prime minister ousted in the July mass uprising and president of the Awami League, has announced she will return to Bangladesh from India in December. But the government's position is clear — Sheikh Hasina is a fugitive under a death sentence. To return, she must come under the Bangladesh-India extradition treaty, and Bangladesh has formally requested India to that end.

Meanwhile, BBC Bangla published a report last Friday on Sheikh Hasina's return announcement, suggesting she did not make the announcement without India's consent. The report also mentioned two Indian conditions — first, Sheikh Hasina had come to India on a Bangladesh military aircraft, so the Bangladesh Army would have to take responsibility for taking her back, by land or by air; and second, Bangladesh must guarantee that Sheikh Hasina can appeal against the death sentence and that the trial over the July killings starts afresh. Bangladeshi diplomatic sources, however, do not yet see any reality in such conditions being set.

Reuters reported on 9 November that Sheikh Hasina had written to the Bangladesh High Commission in New Delhi seeking a passport and a national identity card. The application was sent by email by the London-based law firm Matrix Chambers. But diplomatic sources in Dhaka and Delhi say the email contained no document or proof relating to Sheikh Hasina's 'authorisation'.

After news of the passport application was published, State Minister for Foreign Affairs Humayun Kabir on 9 November called the matter 'extremely ridiculous'. He said Bangladesh does not give a passport to any terrorist; rather, it wants to bring them back under the extradition treaty and carry out the sentence. He added that if Sheikh Hasina truly wants to return, she should ask the Indian government to hand her over to Bangladesh under that treaty, and then surrender before the court and serve her sentence.

In a case over crimes against humanity committed during the July mass uprising, the International Crimes Tribunal sentenced Sheikh Hasina to death on 17 November last year. The full verdict was published on 13 January. Although the tribunal law allows an appeal within 30 days, Sheikh Hasina did not appeal within the stipulated time. Tribunal sources say that, the appeal period having expired, she no longer has the opportunity to appeal. Alongside the death sentence, the tribunal also ordered the confiscation of Sheikh Hasina's property in Bangladesh in favour of the state.

Six more cases against Sheikh Hasina are under trial at the tribunal. In addition, a total of 673 cases have been filed against her across the country, including 457 on murder allegations in different places.

Meanwhile, a five-day programme was announced on the Awami League's Facebook page on 13 November marking the anniversary of Sheikh Hasina's death sentence verdict. Saturday's programme was leaflet distribution, wall writing, campaigning and mass contact. But no reports of such activity were received. Further programmes include processions, submitting a memorandum and wearing black badges. A 'lockdown' programme has been announced for 19 November.

Ahead of December, the banned Awami League and the banned Chhatra League are announcing various programmes online. As part of that, a hartal was called on 10 November. Although it was not implemented, around 10 November incidents of sabotage including clandestine cocktail explosions and arson on vehicles have taken place in Dhaka and different parts of the country. Online, many leaders and activists of the Awami League and its associate organisations are speaking in favour of these activities; some have also claimed responsibility. Law enforcement agencies blame Awami League and associate organisation activists for the sabotage; raids to arrest them have been intensified, and the agencies claim to have caught people involved in cocktail explosions in Dhaka red-handed.

But Awami League leaders themselves have no clear idea how Sheikh Hasina's return announcement will be implemented. A section of the leaders in hiding says that without a diplomatic understanding between the governments of Bangladesh and India, Sheikh Hasina's return is almost impossible, and creating such a situation also requires the cooperation of the international community. But no sign of an understanding between the two governments is visible yet. Some leaders fear that if she cannot return after the announcement, people's trust in Sheikh Hasina or the Awami League may decline; on the other hand, because of the announced programmes, leaders and activists inside the country are facing fresh arrests.

Most of the Awami League's top leaders are now in India, especially in Kolkata. Multiple party sources say many leaders who were in the United States, Europe and other countries have also come to India recently, and some of them are still there. Sources close to these leaders say they have no clear idea about the process for implementing the December return announcement.

A central Awami League leader in hiding, speaking on condition of anonymity, said demands cannot be realised, nor Sheikh Hasina brought back, through programmes like these. From everything, he believes the main aim of these programmes is to attract attention at home and in international circles. How much attention they get, only the future will tell. But it will anger the government and increase the danger for leaders and activists inside the country.