After a special tribunal in Bangladesh handed ousted prime minister Sheikh Hasina a death sentence, several former Indian diplomats sharply criticised the ruling, warning that the neighbouring country has once again become "very polarised", posing risks to its stability and security.
Veteran diplomat Veena Sikri, who served as India’s high commissioner to Bangladesh from 2003 to 2006, questioned the legal basis of the International Crimes Tribunal (ICT) in prosecuting a former prime minister, noting that it was originally constituted to try individuals accused of atrocities during the 1971 Liberation War.
"It is nothing but a kangaroo court," she alleged.
On Monday, the ICT sentenced Hasina to death in absentia for "crimes against humanity" linked to her government’s crackdown on student-led protests last year.
The tribunal, following a months-long trial, described the 78-year-old Awami League leader as the "mastermind and principal architect" of the violent suppression that left hundreds of protesters dead.
Former home minister Asaduzzaman Khan Kamal was also given the death penalty on similar charges.
Hasina has been staying in India since August 5 last year, when massive protests led to her ouster.
Speaking to PTI, Sikri reiterated that the ICT was created solely to prosecute 1971 war criminals. "So, under what act have you changed the purpose of the ICT," she asked. She argued that the basis for Hasina’s trial "doesn't hold water at all, it is an illegal process", adding that there were several "loopholes and lacunae" in the investigations. "ICT is not a tribunal to try a prime minister," she asserted.
Former diplomat Rajiv Dogra defended India’s decision to provide refuge to Hasina, saying the country has "done the right thing" as she is "an important leader, under whose party, Bangladesh's democracy has always prospered".
While acknowledging issues towards the end of her tenure, he said she had been attempting to "rectify" them.
On the geopolitical fallout of the tribunal’s ruling, Dogra said, "Impact is certainly not very happy".
He criticised earlier "provocative" remarks by Bangladesh’s Chief Adviser Muhammad Yunus and members of the interim government that took charge after Hasina’s fall.
"It is certainly a matter of worry for India and the region to have an unstable regime in Bangladesh," he said.
Another former Indian envoy, Anil Trigunayat, said the judgement was "on the expected lines".
"The problem is that this is being perceived as a fight between the accusations and the illegitimacy... Sheikh Hasina considers both Mr Yunus' government and the tribunal's judgment as being politically-driven, and... hounding her, and baseless, as well as illegitimacy of the government," he said.
"Whereas the interim government basically is considering this as a 'crime against humanity'. And accordingly, she has been sentenced to death for three counts," Trigunayat noted.
He cautioned that Bangladesh is "once again very thoroughly polarised and divided, and it does not augur well for the stability and security of the country".
He added, "And that is something which is worrisome." Stressing the need for a peaceful democratic transition, he said Bangladeshis deserve "peace, stability, and development".
But he warned that "today a politically divided country has the potential of further destabilisation and which will not be good for the country as well as for the subcontinent".
Sikri also emphasised that regional stability hinges on "free, fair, inclusive and credible elections" in Bangladesh.
She insisted that the Awami League must be "allowed to fight elections", arguing that authorities "have no right to blame the activities of the party".
She added, "You cannot ban any party from taking part in elections; it is a ban on democracy."
Following the verdict, Hasina said in a statement that she was unafraid to confront her "accusers" in a legitimate forum.
"That is why I have repeatedly challenged the interim government to bring these charges before the International Criminal Court (ICC) in the Hague," she said.
The ICT, initially established to try collaborators of the Pakistani military in 1971, was amended by the current administration to bring former leaders, including Hasina, under its purview.
Reacting to the development, India said on Monday that it had taken note of the verdict and would engage constructively with all stakeholders in support of peace, democracy and stability in Bangladesh. The Ministry of External Affairs reiterated that India remains committed to the best interests of the people of Bangladesh.