Bangladesh asks India to extradite deposed leader Hasina

Sheikh Hasina sought refuge in New Delhi after the student-led mass uprising in July and August overthrew her government

Bangladesh’s interim government on Monday made a formal request to India to extradite deposed prime minister Sheikh Hasina.

The country’s foreign affairs adviser said Dhaka wants Hasina back for the judicial process. Bangladesh’s request comes a couple of weeks after Indian foreign secretary Vikram Misri visited Dhaka.

“We have sent a note verbale to the Indian government saying that Bangladesh wants her back here for the judicial process,” Bangladesh’s de facto foreign minister Md. Touhid Hossain told reporters at his office in Dhaka.

Hasina sought refuge in New Delhi after the student-led mass uprising in July and August overthrew her government, ending her 15 years of rule and strained long-established diplomatic and cultural ties with India.

India’s ministry of external affairs (MEA) confirmed to have received the extradition request, but made no comments on the issue.

“We confirm that we have received a note verbale from the Bangladesh High Commission today in connection with an extradition request. Currently, we have no comment to offer on this matter,” MEA spokesperson Randhir Jaiswal said during a press briefing on Monday.

Bangladesh’s international crimes tribunal has issued arrest warrants against Hasina and 45 others, including senior Awami League leaders, on charges of “crimes against humanity and genocide” during the student-led protests.

The interim government has also sought help from Interpol to get her arrested.

Hasina’s son reacts to extradition request

While 77-year-old Hasina is yet to react on the extradition request, her son Sajeeb Wazed took to social media to criticize and question the credibility of the tribunal that is expected to deal with the charges against his mother.

“The judges and prosecutors appointed by unelected (Muhammad) Yunus led regime to conduct farcical trial process trough international crimes tribunal makes it a political witch hunt that forsakes justice and marks another ongoing onslaught to persecute Awami League leadership,” Wazed said in a post on X.

“The kangaroo tribunal and subsequent request for extradition comes while hundreds of leaders and activists are extrajudicially killed, framing of outrageous murder charges, illegal incarceration of thousands by law enforcement and violent attacks including looting vandalism and arson going on with impunity everyday fuelled by denial of the regime. … the Yunus led regime weaponised the judiciary, and we express no confidence on the justice system,” he added.

Extradition request follows Indian foreign secretary’s Dhaka visit

Bangladesh’s request to extradite Hasina, whose government had strong diplomatic ties with New Delhi, comes just over two weeks later India’s foreign secretary Vikram Misri visited Bangladesh on a one-day trip.

In the first high-level talks since the falling of Hasina’s government, Misri met Hossain, Yunus and Bangladesh’s foreign secretary Mohammad Jashimuddin.

Among other discussions, the leaders also talked about India’s concerns over the safety of minorities in Bangladesh, and the recent attacks on religious and diplomatic properties.

While Jashimuddin said the allegations on attacks against minorities in Bangladesh were “misinformation”, he maintained that the government’s priority is to build a “new Bangladesh” after the mass uprising.

India-Bangladesh extradition treaty

In 2013, New Delhi and Dhaka signed the extradition treaty to improve collaboration in tackling cross-border terrorism and insurgency.

A key amendment in 2016 streamlined the extradition process, making it easier to transfer individuals wanted for criminal offenses between the two countries.

This treaty has enabled important extraditions, such as the 2020 transfer of two people convicted for their role in the 1975 assassination of Hasina’s father, Sheikh Mujibur Rahman, to be executed.

The extradition applies to crimes carrying a minimum sentence of one year and adheres to the principle of dual criminality, requiring the offense to be punishable under the laws of both countries–a criteria that meet Hasina’s charges.

A key change in the 2016 amendment removed the need for strong evidence against the accused. Instead, as mentioned in Article 10, an arrest warrant from a valid court in the requesting country is enough to extradite the individual.

Will India oblige Bangladesh’ extradition request?

The extradition request is likely to test the already strained bilateral relations between Delhi and Dhaka. Bangladesh’s government has previously commented on the Hasina government’s influence on the Indian government.

Following the request, India could invoke certain provisions of the 2013 treaty to deny extradition, according to some analysts.

Article 6 allows refusal if the offense is classified as “political”. However, this exemption is limited because crimes like murder, terrorism, and kidnapping are not considered political.

Since the charges against Hasina include murder, enforced disappearances, and torture, which don’t fall under this exemption, it would be hard for India to refuse extradition on political grounds.

Meanwhile, India can use Article 8 to deny extradition if the request is not made “in good faith” or if the charges are military offenses that don’t fall under regular criminal law.

India could argue that the charges against Hasina lack good faith or could lead to political persecution or an unfair trial in Bangladesh. This clause could give India a reason to challenge the extradition request, analysts said.

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