The Awami League is being investigated as a political party under laws enacted during its own tenure in power, with the International Crimes Tribunal's (ICT) Chief Prosecutor saying a conviction could lead to the party being banned.
On Sunday, Chief Prosecutor Mohammad Aminul Islam said the investigation covers allegations of crimes against humanity under the International Crimes (Tribunals) Act and terrorism under the Anti-Terrorism Act.
If an organisation is convicted under either law, the government may issue a gazette notification declaring it a banned organisation, while its assets may be seized by the state alongside criminal penalties for those found individually responsible, he said.
Aminul noted that the legal provisions now being invoked were introduced or strengthened under successive Awami League governments.
The International Crimes (Tribunals) Act, enacted in 1973, was amended in 2013 to bring "organisations" within its scope.
The Anti-Terrorism Act was passed in 2009, while Article 47 of the Constitution was amended in 2011 during the party's rule.
He also pointed out that the Awami League itself relied on Section 18 of the Anti-Terrorism Act to ban Jamaat-e-Islami on Aug 1, 2024.
Rejecting suggestions that the legislation was politically motivated, Aminul argued that a law cannot be deemed invalid simply because of how it is later applied.
He said the offence lies in abusing or violating the law, not in the law itself.
The chief prosecutor levelled a series of allegations against the Awami League, claiming it dismantled democratic institutions, curtailed political freedoms and undermined electoral integrity during its years in power.
He also alleged that money laundering and actions harming national sovereignty could constitute grounds for banning an organisation.
On the case against former prime minister Sheikh Hasina, Aminul alleged that enforced disappearances, abductions and extrajudicial killings had occurred since 2010 and said she bore "superior responsibility" for incidents including the 2013 Shapla Chattar operation and the July Uprising.
He said she should return to Bangladesh to face trial and would be held under the same legal framework established during her own administration.
Aminul also alleged that police sniper rifles were unlawfully supplied to Awami League activists during the July movement, while saying investigators were also examining the alleged role of former information minister Hasanul Haq Inu in the Shapla Chattar operation.
He said the investigation currently focuses on the Awami League but would expand to include members of the former 14-Party Alliance or any other political party if evidence warrants.
Stressing the tribunal's independence, he said all complaints receive equal priority and denied any government interference in the investigation.
>>R R Badhan, AA
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