The Indian government has clarified that any decision regarding the extradition of deposed former Bangladeshi Prime Minister Sheikh Hasina will rest exclusively with the Indian judiciary rather than being a political or diplomatic determination.

As the administration of Bangladesh Prime Minister Tarique Rahman continues to press for Sheikh Hasina’s return, top Indian officials emphasized that the process must strictly adhere to established legal frameworks.

Senior government sources in New Delhi indicated that while Bangladesh has submitted a formal extradition request—duly supported by legal documentation as required by the 2013 bilateral extradition treaty—the matter must be adjudicated by Indian courts.

A primary legal threshold for such proceedings involves establishing whether the alleged offenses for which Hasina is sought are also categorized as crimes under Indian law.

The extradition demand centers on a November 2025 verdict by Bangladesh’s International Crimes Tribunal (ICT), which sentenced the 78-year-old former leader to death for "crimes against humanity" linked to the 2024 uprising.

Representatives from the now-banned Awami League have stated that if formal extradition proceedings commence in India, they intend to challenge the ICT verdict on multiple grounds, including the fact that it was delivered during the tenure of the interim government led by Muhammad Yunus.

Despite the ongoing diplomatic pressure from Dhaka, Indian officials noted that they are engaged in "intense discussions" with the Bangladeshi government, aiming to encourage a shift away from what they describe as a "maximalist position" on the matter.

While the Ministry of External Affairs (MEA) has maintained that it is examining the request per "established procedures," sources suggest that the extradition question may ultimately become moot.

Sheikh Hasina, who has been residing in an undisclosed location in New Delhi under protection since fleeing Dhaka in August 2024, publicly declared her intention to return to Bangladesh in December.

During a virtual press conference on August 5, 2026—the second anniversary of the uprising—the former leader referenced the 1971 Liberation War, stating, “December is our victory month, so I want to go back in the month of December”.

Awami League associates confirm she remains in contact with party cadres in Bangladesh, occasionally holds in-person consultations, and plans to return to Dhaka toward the end of the year, despite the significant legal risks she faces at home.

India’s 2013 extradition treaty with Bangladesh mandates the return of individuals charged with or convicted of specific offenses.

While Article 6 of the treaty excludes offenses of a "political character," it explicitly lists 12 categories—including murder, manslaughter, and incitement to violence—that cannot be classified as political and are therefore extraditable.

Under India’s Extradition Act of 1962, if an appointed inquiry magistrate determines that a 'prima facie' case is not established, the fugitive must be discharged; conversely, if the case is deemed fit, the court may recommend extradition to the government.

Source: The Indian Express