The International Crimes Tribunal in Dhaka sentenced former Bangladeshi Prime Minister Sheikh Hasina and ex-Home Minister Asaduzzaman Khan to death on November 18, 2025, for their alleged roles in the violent suppression of student-led protests in July-August 2024 that killed over 1,000 people and ended Hasina's 15-year rule. The in-absentia verdict, which Hasina dismissed as "biased and politically motivated," has prompted Bangladesh's interim government under Nobel laureate Muhammad Yunus to renew extradition demands for the ousted leader, who fled to India in August 2024 and has resided in New Delhi ever since. India, a close ally during Hasina's tenure, has not formally responded to previous requests but faces a diplomatic tightrope, balancing bilateral ties with legal obligations under the 2013 Extradition Treaty between the two nations.
The treaty, signed on January 28, 2013, and ratified shortly thereafter, outlines extradition for offenses punishable by at least one year in prison in both countries, emphasizing dual criminality—meaning the act must be a crime under the laws of both India and Bangladesh. Articles 1 and 2 specify that extradition applies only to extraditable offenses, such as Hasina's charges of "crimes against humanity" under Bangladesh's International Crimes (Tribunals) Act, 1973. However, India lacks an equivalent domestic framework for such international crimes, potentially complicating proceedings, though the treaty allows for broader interpretation if the underlying acts (like murder or genocide) align with Indian Penal Code provisions. Legal experts note that while the treaty facilitates cooperation, it does not mandate extradition in all cases, giving India significant discretion.
A key provision enabling refusal is Article 6(1), which permits denial if the offense is deemed "political in nature." Hasina's supporters, including the banned Awami League, argue the trial is a vendetta by the Yunus administration, tainted by procedural flaws like denied legal representation and amendments to tribunal laws by an unelected interim regime. Article 8(3) further allows rejection if the request is made "in bad faith," a clause invoked in past South Asian extraditions amid concerns over fair trials. The treaty remains silent on the death penalty specifically, unlike some bilateral pacts that require assurances against capital punishment, but India's policy under the Supreme Court's jurisprudence (e.g., in the 2012 Bhullar case) often weighs humanitarian grounds, though this is not treaty-bound here.
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India's stance is shaped by strategic imperatives: Hasina's government bolstered counter-terrorism cooperation and managed Rohingya refugee flows along the shared 4,096-km border, fostering economic ties worth $14 billion in bilateral trade. Post-ouster, relations have cooled, with Dhaka accusing New Delhi of sheltering a "fugitive," while India worries about instability in Yunus's fragile setup, including alleged Islamist influences. Extraditing Hasina could signal weakness to domestic nationalists and strain ties with her loyalists, who command significant support in Bangladesh. Legal scholars like former Attorney General Mukul Rohatgi have opined that political motivation provides a robust ground for refusal, citing precedents like the non-extradition of Pakistani officials in terrorism cases.
As Bangladesh prepares a fresh diplomatic note—potentially via the Ministry of External Affairs—India's Ministry of Home Affairs holds the final say, consulting with the MEA and possibly the judiciary if challenged. The Supreme Court could intervene if extradition proceeds, scrutinizing treaty compliance under Article 21 of the Constitution (right to life and fair trial). For now, Hasina's refuge in India appears secure, underscoring the treaty's flexibility in safeguarding against perceived witch-hunts. The saga highlights the interplay of law, politics, and geography in South Asia, where extradition often serves as a barometer of interstate trust amid evolving power dynamics.
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