Bangladesh seeks Sheikh Hasina's return: Can India refuse extradition?

India and Bangladesh have an extradition treaty that could enable Sheikh Hasina's return to Dhaka. Learn what the treaty says about India's ability to refuse her extradition

Bangladesh's interim government announced on Monday that it has sent a diplomatic note to India, requesting the return of deposed prime minister Sheikh Hasina to Dhaka, news agency PTI reported. Hasina, 77, has been living in exile in India since August 5, following her flight from the country amid student-led protests that brought an end to her 16-year rule.

 

Bangladesh's request comes after the Dhaka-based International Crimes Tribunal (ICT) issued arrest warrants against Hasina and several former Cabinet ministers, advisers, and military and civil officials on charges of "crimes against humanity and genocide".

 

What is Bangladesh's stance on requesting Sheikh Hasina's extradition from India?

 

 

Foreign Affairs Adviser, or de facto foreign minister, Touhid Hossain stated that Bangladesh has sent a note verbale (diplomatic message) to the Indian government, expressing that the country wants Sheikh Hasina to return to Bangladesh for judicial proceedings, according to the news agency report. Hossain confirmed the development while speaking to reporters at his office.

 

Earlier on Monday, Bangladesh Home Adviser Jahangir Alam told reporters that his office had sent a letter to the foreign ministry to facilitate the ousted prime minister's extradition from India. "We have sent a letter to the foreign ministry regarding her extradition. The process is currently underway," Alam said in response to a query. He further stated that an extradition treaty exists between Dhaka and New Delhi, under which Hasina could be brought back to Bangladesh.

 

What role does the ICT play in Bangladesh’s extradition request for Sheikh Hasina?

 

In mid-October, Bangladesh's International Crimes Tribunal (ICT) issued arrest warrants for Hasina and 45 others, including senior Awami League leaders, over alleged crimes against humanity during the mass student movement that ousted the former prime minister.

 

The tribunal acted after the prosecution filed two petitions requesting the arrest warrants. It directed the relevant authorities to produce all 46 individuals, including Hasina, before the tribunal by November 18.

 

In August, Bangladesh's interim government announced its plans to prosecute those responsible for deaths during the protests against Hasina's government through the ICT.

 

Since fleeing Bangladesh, Hasina has not appeared in public. Her last known official location was a military airbase near New Delhi. Her presence in India has strained Dhaka's ties with New Delhi, and Bangladesh has revoked her diplomatic passport.

 

Since Hasina's ouster, multiple criminal charges have been filed against her and her associates, including allegations of murder, torture, abduction, genocide, and crimes against humanity. A bilateral extradition treaty between India and Bangladesh could facilitate her return to face these charges.

 

What are the provisions of the India-Bangladesh extradition treaty?

 

The extradition treaty between India and Bangladesh, signed in 2013, was intended to address cross-border insurgency and terrorism. It underwent an amendment in 2016 to simplify the process of transferring wanted individuals between the two nations. Over the years, the treaty has enabled high-profile extraditions, such as the 2020 transfer of two convicts involved in the 1975 assassination of Sheikh Hasina’s father, Sheikh Mujibur Rahman, who were returned to Bangladesh for execution. Another prominent case was India’s successful extradition of Anup Chetia, general secretary of the banned United Liberation Front of Assam (ULFA), who had spent 18 years in a Dhaka prison.

 

The treaty stipulates that individuals can be extradited for crimes punishable by a minimum of one year’s imprisonment. It also requires dual criminality, meaning the crime must be punishable under the laws of both countries. Given that the charges against Hasina are prosecutable in India and carry severe penalties, she qualifies for extradition under these terms. The treaty also covers attempts to commit crimes and involvement through aiding, abetting, or incitement.

 

A key feature of the 2016 amendment was the removal of the requirement to provide concrete evidence against the accused. Instead, an arrest warrant issued by a competent court in the requesting country is sufficient to initiate the extradition process, as outlined in Article 10 of the treaty.

 

Can India deny Sheikh Hasina's extradition to Bangladesh?

 

Under Article 6 of the treaty, extradition may be denied if the alleged offence is of a “political nature". However, this exemption is narrowly defined, as offences such as murder, terrorism-related crimes, and kidnapping are explicitly excluded from being categorised as political. Since charges against Hasina, including murder, enforced disappearance, and torture, fall outside this exemption, India will face a challenge in classifying them as political offences to justify refusing extradition.

 

Article 8 provides another ground for refusal, allowing a denial if the accusation is not "made in good faith in the interests of justice" or pertains to military offences that do not qualify as "an offence under general criminal law". India might invoke this clause to argue that the charges against Hasina lack good faith or could lead to political persecution or an unfair trial upon her return to Bangladesh.