Explained: Sheikh Hasina’s murder charges and legal dilemma

Bangladeshi authorities have begun to close in on Sheikh Hasina who resigned as the country’s prime minister on August 5 after weeks-long violent protests rocked the South Asian nation of roughly 180 million people.

Hasina has been named as a suspect in the murder case of a grocery store owner from the Dhaka neighbourhood of Mohammadpur. The case was registered on August 13 – eight days after her unceremonious departure.

The deposed premier took a hasty flight to India shortly after the army announced her resignation. She ruled the country for 15 years in a row. Weeks of anti-government protests led to at least 580 deaths since July 16, including 326 killings between August 4 and 6.

Hasina’s son initially claimed that she wouldn’t return to politics because of her old age. But later, he stated that the deposed premier would return to Bangladesh to contest elections, adding that she had no plan of seeking asylum in any country.

What’s the case?

The murder case against Hasina was registered by Amir Hamza Shatil, a resident of the Mohammadpur neighbourhood of Dhaka.

Along with six other suspects, she’s accused of the murder of one Abu Sayeed, a local grocer who lost his life as a police bullet hit his head when he was crossing a road in Mohammadpur on July 19.

The complainant is not related to the victim and has registered the case ‘voluntarily’. Mamun Mia, the lawyer for the complainant, said the court in Dhaka had ordered the police to accept the murder case against the accused persons.

“I am the first ordinary citizen who showed the courage to take this legal step against Sheikh Hasina for her crimes. I will see the case to an end,” he told Reuters news agency.

Despite the fall of the Hasina government in the first week of August, students continue to hold demonstrations in Dhaka demanding that she be brought back to face the music at home.

Hasina’s Awami League party returned to power in 2009 and won subsequent polls in 2014, 2018 and 2024 amid widespread allegations of election rigging.

Her rule was marred by allegations of corruption, human rights violations and a crackdown on political opponents.

When the final wave of protests led by students gathered pace, Hasina launched a severe crackdown, branding the protesting students as “terrorists” out to “destabilise the nation”.

Meanwhile, Shatil of the Mohammadpur neighbourhood who filed the murder case has received a death threat over the phone.

“I got a call from a number in France and asked if I know the consequences of filing a case against Sheikh Hasina,” he told reporters.

Will Hasina be arrested?

The former prime minister of Bangladesh remains in India for the time being, but analysts say she won’t stay there for the long term.

That’s because of the extradition treaty between New Delhi and Dhaka, which means the new Bangladesh government has a legal right to demand Hasina be sent home from New Delhi to face criminal charges.

But her extradition to Dhaka appears unlikely given her very close personal relationship with Indian Prime Minister Narendra Modi. Countries often reject extradition requests from other countries despite having a bilateral treaty in effect.

Bangladesh has a legal provision for capital punishment and judges can hand down the death penalty for murder offences. Hasina’s lawyers still can build a case against her extradition, saying the new government consists mostly of anti-Awami League figures with a history of conflict with the long-term ruler of Bangladesh.

For example, Nobel laureate Mohammed Yunus, who heads the 17-member advisory council that’s responsible for running the interim government, is a known critic of the Awami League. He faced harassment and graft cases under Hasina’s government.

The advisory council also has four “affiliates” of the Bangladesh Nationalist Party (BNP), which is headed by the two-time premier and Hasina’s chief rival, Khaleda Zia. She was sentenced to 17 years in prison for corruption in 2018 under the Awami League rule.

Zia has just been released from prison following “discussions with defence chiefs and politicians”—a development that points to greater participation by anti-Awami League parties in the upcoming dispensation.

Similarly, the new advisory council has three members who lean towards Jamaat-e-Islami, another opposition party that faced repeated crackdowns under Awami League’s long reign.

Historical perspective

It’s usual for politicians in South Asian countries to face legal challenges once they leave office.

After losing power in 2001, Hasina was arrested in 2007 by the military-backed caretaker government on charges of extortion.

Indian premier Indira Gandhi was arrested on charges of corruption and abuse of power after losing the 1977 elections.

Similarly, former Pakistan premiers Benazir Bhutto and Nawaz Sharif battled multiple charges of corruption after being ousted from office. Former PM Imran Khan is also in jail, facing multiple charges.

More trouble for Hasina

Another case was filed on Wednesday against Hasina and eight other members of her now-dissolved cabinet and police officers on charges of crimes against humanity and “genocide”.

The investigation agency of the court accepted the case after the father of Alif Ahmed Siam, a ninth-grade student who was shot by police on August 5 and succumbed to his bullet injuries, filed the suit through his lawyer.

Earlier, the adviser to the transitional government on law affairs, Asif Nazrul, told reporters that those involved in the killings that took place from July 1 to Aug 5 during the student protests “may be tried in the International Crimes Tribunal.”