Bangladesh Seeks Sheikh Hasina's Extradition: India-Bangladesh Extradition Treaty Decoded

On December 23, 2024, Bangladesh officially requested India to send back former Prime Minister Sheikh Hasina, who fled to India on August 5 after a student-led movement ousted her from power. The request was made through a "note verbale" to the Indian government, Bangladesh's Interim government's Foreign Affairs Adviser, Touhid Hossain said, according to local media reports. "We have sent a note verbale to India requesting to send Sheikh Hasina back," Touhid Hossain told reporters, ANI reported.

Sheikh Hasina Extradition: Treaty Decoded

The extradition treaty between India and Bangladesh was signed in January 2013. As per the treaty, “An extradition offence for the purposes of this Treaty is constituted by conduct which under the laws of each Contracting State is punishable by a term of imprisonment for a period of at least one year.” At the same time there is a clause of  ‘Political Offence Exception’, wherein extradition may be refused if the offence of which it is requested is an offence of a political character.

The Indian government can refuse extradition requests. as per Article 7 of the treaty. “The extradition request may be refused by the Requested State if the person whose extradition is sought may be tried for the extradition offense in the courts of that State.” the treaty said.

“The extradition treaty between India and Bangladesh has various caveats which rule out extradition in case of political issues. But criminal issues are excluded from the political considerations. So all that is there and these caveats can be used. Prime Minister of Bangladesh Sheikh Hasina can go to the court to fight extradition request saying she's likely to be treated unfairly. India can cite such instances as well that we not sure whether she would be treated fairly and by the justice system.” said Mahesh Sachdeva, former Ambassador to Bangladesh, ANI reported. He also said she can go to court to fight against the extradition demanding a fair trial. 

India is yet to take a final stance on this issue.

Sheikh Hasina Ousted: Details

On August 5, a student-led movement ousted Bangladesh's Prime Minister, Sheikh Hasina, after weeks of protests and clashes that killed over 600 people. Hasina, 76, fled to India and an interim government led by Nobel Laureate Muhammad Yunus was formed. Earlier on December 9, Sheikh Hasina accused the Chief Adviser to Bangladesh's interim government, Muhammad Yunus, of being the "mastermind" behind the student protests that led to her ouster, while further alleging that the protest was "meticulously designed" to overthrow her government.

While addressing a virtual meeting of the United Kingdom Awami League, Hasina claimed that despite all the demands of the protesters being met, the unrest continued across the nation, suggesting that it was a planned conspiracy.
Hasina accused Yunus of being the "mastermind" behind the protests that led to her removal, alleging that the protests were "meticulously designed" to overthrow her government.

"Yunus himself said that the student protest that started on July 7, 2024, was not student-initiated but a meticulously designed protest to overthrow me...He was the mastermind who started this conspiracy because all the demands were met, and there was no scope for protest, despite there being protests across the nation...It was a meticulous conspiracy," Hasina claimed, as reported by ANI

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