Dr Yunus Facing Potential Death Penalty Over Treason Charges

The former head of Bangladesh’s interim administration, Dr Muhammad Yunus, is at the centre of grave legal accusations involving constitutional subversion and criminal misconduct, charges that carry penalties up to the death sentence under the laws of Bangladesh. Following an 18-month tenure at the helm of state, the Nobel laureate faces mounting scrutiny from legal experts and political analysts over allegations of official corruption, executive overreach, and systemic human rights abuses.

Allegations of Treason and Constitutional Subversion

At the core of the legal challenges against Dr Yunus are claims of deliberate constitutional evasion. Under Article 7A of the Constitution of the People’s Republic of Bangladesh, any attempt to suspend, repeal, or alter the supreme law through unconstitutional mechanisms—or to conspire to subvert public trust in its framework—constitutes an act of treason. Under the Penal Code, 1860, treason carries the maximum penalty of capital punishment.

The main constitutional charges against Dr Yunus include:

• Bypassing Parliamentary Authority: The issuance of the July National Charter (Constitutional Reform) Implementation Order, 2025, sought to implement more than 84 structural changes to state governance. However, Article 142 of the Constitution mandates that any constitutional amendment requires a explicit two-thirds majority vote in Parliament. Legal scholars and former cabinet members have categorized the executive order as an unconstitutional assumption of power.

• Arbitrary Ordinance Execution: Dr Yunus authorized a national referendum ordinance without constitutional sanction, attempting to alter basic governance structures without legislative approval from Jatiya Sangsad.

• Breach of Executive Oath: Having taken office under a Supreme Court reference, Dr Yunus bound himself to preserve and protect the Constitution without bias. Critics assert that his administration’s selective enforcement of the law and political patronage violated this solemn oath.

Human Rights Violations and Minority Vulnerability

During the 18-month administration, civil liberties guaranteed under Articles 26 to 47 of the Constitution saw marked deterioration. Reports indicate that approximately 100,000 citizens were subjected to arbitrary detention without due judicial process, compromising rights protected under Article 27 (equality before the law) and Article 31 (right to protection of the law).

Humanitarian monitoring groups, including Amnesty International and Human Rights Watch, documented severe targeted violence against religious minorities. Amnesty International recorded nearly 1,000 separate incidents of violence against minority communities over the 18-month period, alongside mob attacks targeting traditional Baul musicians and Sufi shrines. The administration’s failure to prevent these incidents represents a failure under Article 28, which forbids discrimination on religious grounds.

Freedom of expression and professional practice were similarly impacted under Article 39 and Article 40. Intimidation of news outlets, physical harassment of journalists, and mob interference in private business establishments infringed upon basic constitutional guarantees.

Undisclosed International Accords and Official Misconduct

Dr Yunus is further accused of circumventing Article 145A of the Constitution, which requires all international treaties to be presented to the President and laid before Parliament. During his administration, multiple international agreements—including bilateral trade treaties with the United States, defense agreements with China and Japan, defense acquisitions of fighter jets, attack helicopters, and submarines, and joint manufacturing arrangements—were finalized without legislative scrutiny.

Additionally, allegations have been submitted to the Anti-Corruption Commission regarding the misuse of public office to benefit commercial entities connected to Grameen. Misuse of official authority is punishable under Section 5(2) of the Prevention of Corruption Act, 1947, and Sections 166, 167, and 168 of the Penal Code, 1860, carrying terms of imprisonment up to 14 years.

Key commercial approvals issued during the tenure include:

• Grameen University Approval: The establishment of ‘Grameen University’ under Grameen Trust was approved within three months of application, making it the first private university sanctioned under the interim setup.

• Licensing and Commercial Authorisations: Grameen Employment Services Limited (GESL) was granted a commercial manpower export license (RL No. 2806) and BAIRA membership, whilst Samadhan Services Limited secured a Payment Service Provider (PSP) license from Bangladesh Bank.

• Tax Relief and State Equity Reduction: Grameen Bank received broad tax exemptions, alongside executive legislation reducing state-held equity in the institution from 25 per cent down to 10 per cent.

• Abatement of Pending Judicial Cases: Days after assuming office, prior convictions and ongoing proceedings against Dr Yunus—including money laundering investigations, tax evasion cases, and a labour law conviction—were dropped, raising concerns of judicial interference under Section 228 of the Penal Code and the Contempt of Courts Act, 2013.

Given the severity of the allegations, constitutional scholars and civic bodies have demanded the immediate formation of an independent judicial commission to review the actions taken during the 18-month administration.