No legal bar to Nur Hossain return, say experts

It is the Indian government that will take the final call as to whether on Narayanganj city councillor Nur Hossain will be brought back to Bangladesh, according to experts.

Hossain, the prime accused of the Narayanganj multiple murders, was arrested in Kolkata on Saturday.

The West Bengal police have brought charges of illegal trespass into Indian territory without a valid travel document and illegal possession of a weapon.

On Sunday, the North 24 Parganas district court at Barasat remanded Hossain for eight days in police custody in the cases.

State Minister for Home Asaduzzaman Khan Kamal told the media on Sunday that they had started the process to bring back the prime suspect in the murders of Narayanganj City Councillor Nazrul Islam, senior lawyer Chandan Kumar Sarkar and five others.

Narayanganj’s Superintendent of Police Khandaker Muhid Uddin said they were in touch with the West Bengal police.

Meanwhile, Attorney General Mahbubey Alam says as a friendly nation, Bangladesh can request India anytime to hand over a wanted criminal.

The junior home minister, however, cited the extradition treaty signed with India last year, when asked about the issue on Sunday.

But, former police chief Nurul Huda said the matter of the prime accused of such sensational murders totally depended on India.

“Bringing back Nur Hossain depends on the will of the Indian government. The cases Nur Hossain is facing (in India) should not take much time to finish,” the former Inspector General of Police (IGP) told bdnews24.com.

He added even if Hossain was convicted, he can be sent to Bangladesh to serve his prison term.

“But this depends on the relations between the two countries.”

Despite the inking of extradition treaty, India is yet to return two accused of Aug 21 grenade attack.

“The two are now serving their terms in an Indian jail. Steps will be taken to bring them back after their terms are over,” said CID official Abdul Kahhar Akhand, who is investigating the 2004 attack on Sheikh Hasina.

According to the extradition treaty signed with India last year, a person convicted in another country can be brought back to his own country to serve his prison term and the countries will be also able to hand over wanted criminals.

ULFA leader Anup Chetia was handed over to India under the deal, but anything like that is yet to happen in case of Bangladesh.

However, eight top criminals were brought back from India between late 2007 and early 2008 without any such treaty being in place.

“There was no treaty with India when they were brought back. It was an outcome of maintaining good relations with some Indian police officials,” Khulna Metropolitan Police’s Deputy Commissioner Abdullah Aref told bdnews24.com on Sunday.

Aref, who was posted at the Crime Investigation Department (CID) of the police then, was involved in the process of bringing back the eight most wanted criminals from India.

He added the top police officials of the two countries were aware of the handover.

Former IGP Huda said the matter of Nur Hossain can be done similarly.

“If there’s a good understanding between the countries, then Nur Hossain will not be a problem,” he told bdnews24.com.

Attorney General Mahbubey Alam echoed the former police chief.

“Even if there’s no treaty, a request to hand over a criminal can be made (to India) out of good relations. And they can also act on it,” he told bdnews24.com on Sunday.

bdnews24.com sought Law Minister Anisul Huq’s comment on the matter.

“Ask the home ministry, they can say better,” is what the minister said.

Bangladesh sought the Interpol’s help to arrest Nur Hossain and the arrest, almost after one and a half months of the murders, happened according to that, said state minister Kamal.

“But, since we have an extradition treaty with India, he will be brought back according to that,” the minister said on Sunday.

Asked what would be the process, a deputy secretary at the home ministry said the police had to prepare documents including a chargesheet against Nur Hossain and submitt it to the ministry.

“The home ministry will then send it to India through the foreign ministry. Nur Hossain can be brought back after the Indian authorities evaluate those documents,” the home ministry official told bdnews24.com asking not to be named.

Narayanganj’s Superintendent of Police Khandker Mohid Uddin is directly overseeing the investigation of the sensational murders.

“We have spoken with high officials of Indian police many times after getting the news of Nur Hossain’s arrest.

“No stones are being left unturned to bring him back as soon as possible. But if he is convicted in any of the cases, then we would have to talk it out with them,” said the district police chief, who replaced his predecessor after the murders.