Will India extradite Sheikh Hasina? Under which clauses of treaty it can reject Bangladesh's request?

Will India come under pressure from Dhaka and extradite deposed Bangladesh Prime Minister Sheikh Hasina? After the International Crime Tribunal (ICT) found her guilty of crimes against humanity during the July uprising last year, the Muhammad Yunus-led interim government is most likely to put pressure on India to extradite her. Though earlier, Dhaka asked New Delhi to extradite Sheikh Hasina, it did not send a formal and official request. In a meeting with Prime Minister Narendra Modi on the sidelines of the BIMSTEC Summit in Bangkok in April this year, Yunus indicated that India should ask her to stop criticizing his government. Analysts believe that Dhaka might not press India for the extradition if the former prime minister stopped criticizing the Bangladesh government. However, after Sheikh Hasina was handed the death penalty, Bangladesh may put pressure on India to send her back. Though it may be for public consumption and optics, India will come under pressure, certainly. 

Media reports claim more than 230 people were killed in Dhaka and other parts of the country in the police firing to quell the protestors demanding the end of reservation for the descendants of freedom fighters, or "muktir joddhas," as they are called. However, it alleged that the Islamic elements soon hijacked the movement and refused to budge, even though the Supreme Court scrapped the reservation and the government accepted it. Thousands of people stormed Sheikh Hasina's official residence on August 5, 2024, ransacked it and looted whatever they could. Hasina left Dhaka and took shelter in India the same day.

(Thousands of people took to streets in Bangladesh in July, 2024.)

Why India may not extradite Sheikh Hasina?

Analysts believe India may not extradite the former prime minister to Bangladesh, notwithstanding the extradition treaty signed with Dhaka. Ironically, the agreement was signed when Sheikh Hasina was the prime minister of the country. According to a clause in the India-Bangladesh Extradition Treaty signed in 2013, New Delhi can reject the request if the charges are politically motivated. The extradition treaty also has a long list of crimes that would not be deemed politically motivated. It includes murder, kidnapping, bomb explosions, and terrorism.

Political observers believe that, as Sheikh Hasina has been found guilty of murder and genocide, it would be difficult for India not to deport her on this basis. However, according to Clause 10 (3), inserted into the treaty in 2016, giving proof of crime will not be mandatory; an arrest warrant issued by a court of law will be sufficient for the extradition.

(Muhammad Yunus with PM Narendra Modi in Bangkok.)

Considering this, if even a district court issues an arrest warrant against Sheikh Hasina and Dhaka asks for her extradition, India will be in a very difficult position. In this case, a tribunal has found her guilty. Analysts believe India can reject the extradition request under certain other provisions of the treaty. The request can be turned down if a case that requires extradition to the country to which the extradition request has been made is filed in that country.

Will India deny sending Hasina back?

Political analysts believe New Delhi can deny the extradition request if the charges are not in the interest of the judicial process. Experts point out that New Delhi can also reject extradition requests if the charges are related to social crimes and do not come under criminal jurisprudence. India can also reject the extradition request because Sheikh Hasina can be treated badly or denied justice. India can cite the example of former Education Minister Deepu Moni, who was assaulted in the court premises. It can also be pointed out that Industrial Advisor Salman F. Rehman was humiliated while being produced in the court.