• Source:JND
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As Bangladesh’s interim government under Muhammad Yunus steps up diplomatic messaging following Sheikh Hasina’s conviction by the International Crimes Tribunal (ICT), the question dominating regional discourse is whether India will extradite the former prime minister. After the ICT found Hasina guilty of crimes against humanity during the July 2024 uprising, Dhaka is expected to formally seek her extradition.

When a deposed Hasina fled Dhaka in a military helicopter on August 5, 2024, there was little doubt she would take refuge in India, the country that backed her through 15 years of governance and sheltered her during earlier years of exile after the 1975 assassination of her family. Under her premiership, India and Bangladesh cultivated deep diplomatic, strategic and commercial ties, including the 2017 Adani power-supply deal that cemented New Delhi’s economic footprint in Bangladesh. Despite maintaining cordial ties with China, Hasina repeatedly assured New Delhi that Indian interests were paramount.

The Yunus-led government initially refrained from sending a formal extradition request. However, after Hasina was handed the death penalty, experts believe Dhaka may press harder, even if partly for domestic optics. In April this year, Yunus reportedly hinted to Prime Minister Narendra Modi that India should convince Hasina to stop criticising his administration, signalling that political considerations remain intertwined with legal processes.

What The India-Bangladesh Extradition Treaty Says

India and Bangladesh signed an extradition treaty in 2013, revised in 2016 to address cross-border terrorism and insurgency. Key provisions include:

Dual criminality: The alleged offence must be punishable in both countries.

Minimum penalty threshold: Extradition applies to offences carrying at least a one-year sentence.

Arrest warrant–based extradition: After the 2016 amendment, no supporting evidence is required, a valid arrest warrant issued by a competent court in the requesting state is sufficient.

Prohibition on political offences: The treaty allows rejection of requests involving political crimes. However, offences like murder, terrorism and kidnapping are explicitly excluded from the “political” category.

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Under Which Clauses Can India Reject The Request?

Despite treaty obligations, India retains legal discretion to refuse extradition. Analysts point out several grounds under which New Delhi may deny Dhaka’s request:

Political Motivation Clause: If India concludes that the charges against Hasina are politically motivated or not made in good faith, extradition can be rejected.

Risk to Life or Safety: If Hasina faces a death sentence without guarantees of fair trial or humane treatment, India can invoke human-rights grounds.

Violation of Due Process: The treaty emphasises fairness and safeguards; India may argue that the ICT’s proceedings did not meet international standards.

Selective or retaliatory prosecution: If India believes Hasina is being targeted for political vendetta, it can refuse under the treaty’s protection clauses.

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Ultimately, while Dhaka may increase pressure, New Delhi’s decision will be guided by legal provisions, humanitarian considerations and decades of strategic partnership with Sheikh Hasina.

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