Will India Extradite Sheik Hasina to Bangladesh? Bangladesh’s interim government has formally urged India to extradite former prime minister Sheikh Hasina, who was sentenced to death in absentia for “crimes against humanity.”
Hasina has been living in exile in India since fleeing Bangladesh on August 5 last year following a student-led uprising that ended her 15-year rule.
She and former home minister Asaduzzaman Khan Kamal, also believed to be in India, were declared fugitives before the sentencing.
Hasina Convicted on Charges of Crimes Against Humanity
The Dhaka court convicted Hasina on five charges, sentencing her to imprisonment until natural death for allegedly making inflammatory remarks and ordering the extermination of student protesters using helicopters, drones and lethal weapons.
Additionally, she received the death penalty for allegedly shooting and killing six protesters in Dhaka’s Chankharpul area on August 5 last year.
Chief prosecutor Tajul Islam said Hasina was “the nucleus around whom all the crimes were committed” during the uprising.
Hasina dismissed the charges as unjustified, saying she and Khan acted only to minimise casualties.
“We lost control of the situation, but to characterise what happened as a premeditated assault on citizens is simply to misread the facts,” she said in a statement denouncing the verdict as “biased and politically motivated.”
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Her Awami League has called for a national shutdown to protest the judgement.
At 78, Hasina cannot appeal unless she surrenders or is arrested within 30 days.
Bangladesh Says Extradition Is a ‘Compulsory Responsibility’
Bangladesh’s Foreign Ministry urged India to immediately hand over both convicts, arguing that the bilateral extradition agreement obliges New Delhi to comply.
It also warned that sheltering individuals convicted of crimes against humanity would be viewed as an “unfriendly” act and a disregard for justice.
India acknowledged the verdict delivered by the “International Crimes Tribunal of Bangladesh” and assured Dhaka that it would continue engaging constructively with all stakeholders.
“As a close neighbour, India remains committed to the best interests of the people of Bangladesh, including peace, democracy, inclusion and stability,” the Ministry of External Affairs (MEA) said.
However, India did not comment on Dhaka’s request to extradite Hasina.
Will India Extradite Sheikh Hasina? Treaty Offers Delhi Discretion
Despite the diplomatic pressure, it remains unlikely that India will extradite Hasina.
Both Indian law and the bilateral treaty allow New Delhi substantial discretion, especially in politically sensitive cases.
Signed in 2013 and amended in 2016, the treaty requires dual criminality — meaning the alleged offence must be punishable under both countries’ laws.
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Although Hasina’s conviction meets procedural requirements, India may deny extradition if: the request appears politically motivated, the offence is considered unjust or oppressive, the case lacks good faith, the charges are trivial or too old, the person may face political persecution.
Article 6 allows refusal if the offence is political in nature, but serious crimes such as murder, abduction and terrorism cannot be classified as political.
Most charges against Hasina — including murder and torture — fall outside this political-offence exemption.
Article 7 also allows India to refuse extradition if it can prosecute the accused itself.
India’s Extradition Act Gives Even Broader Powers
Under the Extradition Act, 1962, India may reject requests that appear trivial, not made in good faith, politically motivated or contrary to the “interests of justice.”
The Act empowers the Centre to stay proceedings, cancel warrants, or discharge the person sought at any time.
