MP Azim murder trial in which country?

Jhenaidah-4 Constituency of the ruling Awami League three times consecutive member of parliament. Lawyers are ambivalent about the place of trial in Anwarul Azim Anna’s murder case. As the murder took place in Kolkata, West Bengal, India, many lawyers say that the trial will be held in India under Article 302 of the Indian Penal Code. However, many Supreme Court criminal lawyers claim that the murder victim can be tried in his own country. In this case, the big argument is that the murder conspiracy took place in the country.

According to the criminal procedure codes of both countries, cases are usually tried at the place of the crime. However, in the manner of MP Azim’s murder, the trial of the case according to customary international law is possible in both countries, the lawyers said. Lawyers also have a different opinion.

On May 12, MP Anwarul Azim Anar went to India from Kaliganj in Jhenaidah through Darshanar Gede border in Chuadanga. Went to the house of a friend named Gopal Biswas on Mandalpara Lane under Barahnagar police station in West Bengal. The next day he left the house saying to see the doctor. Azim did not return after that.

Police said Azim was killed on May 13 in a flat in Sanjiba Gardens, Kolkata’s New Town area. The bones and meat are then cut into pieces and thrown away. After analyzing the CCTV camera footage of that flat and other information, the Kolkata police gave this information to the Bangladesh police.

In this incident, the victim’s daughter filed a case of kidnapping with intent to kill at the Agargaon police station in the capital Dhaka. In addition, a case of murder has been filed in Kolkata’s Newtown police station. Several people have been arrested and interrogated by the police of the two countries. On May 28, the CID Police of Kolkata recovered the body parts from the septic tank of Sanjeeva Gardens. On Sunday (June 9), they recovered some bones from the Bagjola Canal in the area adjacent to the Krishnamati Bridge in Kolkata. However, the police have not yet confirmed whether these belong to MP Azim or not.

Now the body parts and bones will be DNA tested and matched with MP Azim’s daughter or brother, whose body is it, Azim’s or someone else’s?

What the Attorney General said
Senior lawyer of the Supreme Court of Bangladesh and Attorney General Abu Mohammad (AM) Amin Uddin told Jago News, ‘Two incidents have happened here. One. He was kidnapped and killed from here (Bangladesh). We know from various media that his daughter filed a case of abduction at Agargaon police station in the capital. He was taken from here to India. Although his body was not found but he was killed. Footage was found on various cameras including his CCTV. In that case, the kidnapping case will be tried here first. And because of the murder in West Bengal, the murder will be tried there.’

In response to the question whether there is a chance of a murder trial in Bangladesh, the head of the law said that with the permission of the Bangladesh government, a trial can be tried under the CRPC Act.

According to the information of the police administration, in response to the question whether the accused arrested in India will be brought to Bangladesh or not, the Attorney General said that since the kidnapping case is here, the accused can be brought if necessary. If it is then proved that abduction with intent to murder, it will also be a separate offence. As a result, the way the investigation team of Bangladesh is proceeding, what will happen here will be understood depending on the report that will be received after their investigation. The court will take action based on the report.

‘In the land where there is murder, there is justice’
Former Law, Justice and Parliamentary Affairs Minister Barrister Shafiq Ahmed told Jago News, ‘The murder happened in one place, I tried it in another place but justice was not served. But it is the same in our country. Where there is murder, there is justice. If in the village, at that police station and that is correct.’

Even though the murder took place in the same place, the accused in both countries are the same. The victim of the murder is a Member of Parliament of Bangladesh. Then how will the trial? In response to such a question, this senior lawyer of the Supreme Court said, ‘If the accused is the same, whether it is murder or whatever, where it took place must be decided first. If seen, took place in India, then there. And if it is said that the murder is not in Pakistan, then in Pakistan, and if it is said in Bangladesh, then in Bangladesh.’
When asked if there is any chance of trial for the murder of MP Azim in Bangladesh, the former law minister said, ‘I don’t think it would be right to do the trial here if the murder did not happen in Bangladesh. It would not be illegal to judge, but it would not be right.’

‘The trial of murder is possible in the country’
Regarding the trial of MP Azim’s murder, Supreme Court’s senior lawyer Advocate SMA Sabur told Jago News, ‘According to the confession of the accused in the case, the plan to kill MP Anwarul Azim started from Bangladesh. As most of the murdered persons and accused are Bangladeshis, the trial is also possible in this country. Conspiracy is here. As part of conspiracy in Bangladesh, the sequence is there, the result is there. Therefore, it will be judged in Bangladesh. There is no agitation in it.’

Advocate SMA Sabur said, ‘Bangladesh can claim to be tried in this specific case. Because the victim and accused are from Bangladesh. The main cause of action arose in Bangladesh. Only incident happened in India. In other words, the incident took place in India.’ Therefore, he thinks that Bangladesh can fully investigate and prosecute this crime.

Clothes can also be a sign of murder

The accused have admitted that Bangladesh parliament member was kidnapped and taken to India. But when asked what will be the process of trial if his body is not found, Advocate SMA Sabur said, ‘Even if MP Anwarul Azim’s body or body is not found, the things used by him will be seized as evidence. Even if the body is not found, if the confession of any accused involved in the incident is found, then it must be assumed that he is involved in the murder. If we find clothes and body parts as evidence, he has a daughter and brother, only if we have genetic similarity with them, it will be understood whether it is MP Anwarul Azim or not.’

‘Also there is an agreement between Bangladesh and India aimed at mutual assistance in any crime related matters. Under this agreement, both countries can prosecute this murder case.’ Advocate Sabur said.

‘Judgment must be in India’
On the question of the trial of Anwarul Azim’s murder, Supreme Court senior lawyer M Sayeed Ahmed Raja told Jago News, ‘This murder must be tried in India. Because all the murders that happen in India are tried in India.’

Saeed Ahmed Raja said, “For example, when we studied in India, a Russian woman was killed there. It was around 1993-94 in Bangalore. However, India has many agreements with Russia, including the exchange of prisoners. It doesn’t matter whether the particular murder is Bangladeshi, Pakistani, Sri Lankan or any other country. The murder that took place in India will be tried in India.’

In response to the question whether there will be trial in two countries at the same time, Saeed Ahmed said, ‘You see, the case in Bangladesh so far is a case of kidnapping. If the case of kidnapping to death is filed under duress, it can. But my point is where the murder? What condition is the body still in? Where is the death certificate being issued under the laws of which country? But we are in this situation.’

India is working to get all the forensic (scientific evidence) evidence. Allready the Central Government prepared the forensic report and handed it over to West Bengal, at six different stages. New things are coming up. They cannot come to Bangladesh that Bangladesh will judge them.

Highlighting the issue of Bangladesh-India border, Saeed Ahmed further said, ‘There are cross-border offenses on the border here. Can anyone say in any border offense that the offense was organized in India and tried in Bangladesh? Or there was an offense in Bangladesh, the trial was in India?’

Prisoner Exchange Agreement
Lawyers said that a law called ‘Mutual Legal Assistance in Criminal Matters Act’ was passed in Bangladesh in 2012. A policy is also made under this. Besides, Bangladesh has international convention with India under this Act. Under which the two countries get the opportunity to exchange accused or convicted in criminal cases.

As a result of that agreement, if an Indian citizen commits or becomes a victim of any crime in Bangladesh, it can be tried in India as well. In that case, the Government of India can request the Government of Bangladesh to provide any kind of physical or documentary evidence, charge sheet or any testimony or even oral testimony.
At the same time, Bangladesh can sue Bangladesh citizens if they commit or become victims of any crime in India. In this case, Bangladesh can ask them for the documentary or material evidence. According to the agreement, the home ministry of the two countries will play a key role in this regard.

Lawyers said that the investigating officers are investigating, the CCTV footage, the material evidence available there can also be collected by the Ministry of Home Affairs of Bangladesh from the Ministry of Home Affairs of India. India can provide these under this agreement.

According to the agreement, witnesses can come from India if required to testify in Bangladesh courts. As a witness in the case, the evidence seizure officer, investigation officer and all those concerned or those who need to testify for the sake of the trial can testify in the court of Bangladesh. However, if the witnesses cannot come to Bangladesh for any reason, the testimony can be taken virtually. Because now Bangladesh is taking digital evidence by amending the Evidence Act. As a result, evidence can be taken online.

What the former judge said
Regarding the murder and trial of MP Anwarul Azim, the retired judge of the Appellate Division of the Supreme Court, AHM Shamsuddin Chowdhury, told Manik Jago News, ‘The murder of a member of parliament can be tried in both countries, Bangladesh and India. And if two types of crimes are tried in two countries, it will be easier to bring the accused under punishment.
“However, since Shaheen is the mastermind behind the murder, Bangladesh cannot bring him back if he is in the US. Because we do not have an extradition treaty with the United States. But India can bring him back. As such, it is better if the trial of MP Anwarul’s murder takes place in India.’

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