Explainer: Will India extradite ousted PM Sheikh Hasina to Bangladesh?

“Bangladesh is likely to discuss the extradition of ousted Prime Minister Sheikh Hasina during the upcoming Bangladesh-India Foreign Office Consultation (FOC) scheduled for early December in Dhaka,” state-run Bangladesh Sangbad Sangstha (BSS) reported on Thursday.

“There is scope for discussion on the matter,” Foreign Ministry Spokesperson Taufique Hasan was quoted as saying by the Bangladeshi news agency.

Hasina, who continues to be in exile in India after she fled Dhaka in August, is facing a trial in Bangladesh’s International Crimes Tribunal (ICT) for her alleged involvement in mass killings during the student-led uprising.

The interim government led by Nobel Peace laureate Muhammad Yunus has asked India to extradite Hasina to “answer for cases filed against her and her supporters”.  

In a recent interview, Yunus said his administration would seek the extradition of the ousted Prime Minister from India.  

Yunus said he had no objection to her party, the Awami League, contesting elections, but Hasina was “continuing her political activities from India” and must return to face trial.

What next?

Hasina, who ruled the Bangladesh with an iron hand for 15 years, resigned following massive protests that initially began as an agitation against a job quota scheme and later turned into a mass movement demanding her ouster.

Backed by the movement and Islamist and pro-Pakistan groups, Yunus is said to be also supported by US’ Joe Biden Administration.

His meeting with President Biden on the margins of the UN annual summit in September was seen as a clear show of support by the US.

The Nobel Peace Prize laureate also received high praise from former president Bill Clinton, who hailed their 40-year-long friendship and the global impact of the Bangladeshi’s pioneering microfinance loans.

The question is, what will happen after Republican Donald Trump takes over from Democratic Biden in January 2025.

Experts say South Asia may not be high on ‘transactional’ Trump’s agenda but India will remain a priority because of its market potential.       

Therefore, while attempting to placate Hasina’s critics, Yunus may also try to maintain India’s support and economic and political stability in his country ahead of elections expected next year.

Also, Bangladesh is India’s biggest trade partner in South Asia.

Case against Hasina

According to protesters, Hasina is “responsible for the deaths of hundreds of students and protesters”.

In October, the ICT issued an arrest warrant against her for alleged involvement in “crimes against humanity” during the mass protests and directed the interim administration to produce Hasina and 45 others before it.

Is extradition possible?

As reported by BSS, the Foreign Ministry is yet to receive any official directive to begin Hasina’s extradition process.

“We will engage with Delhi and initiate the formal process in accordance with the existing extradition treaty once we receive the necessary instructions,” Hasan was quoted as saying.

After Hasina landed at the Hindan Air Force station, near Delhi, not much is known about her location. She is said to be in a safe house under tight security.

As per experts, Hasina is a “model refugee” who has not been engaging in any political activities in India as the government would have wanted. But India-Bangladesh ties have been strained since her arrival in India.

Indian Foreign Secretary Vikram Misri meeting with his Bangladeshi counterpart Jashim Uddin under the framework of India-Bangladesh Foreign Office Consultation (FOC) is being seen as a step towards normalisation of relations.

Being one of the two true democracies in the region, India has always been a “favourite with dissident politicians, persecuted writers and intellectuals in neighbourhood”, say observers

Extradition treaty with Bangladesh

Is New Delhi obliged to extradite Hasina under the Criminal Extradition Treaty signed in 2013?

Diplomatically, the aim will be to balance legal commitments with geopolitical and diplomatic considerations. 

According to an MEA statement in Parliament, among SAARC nations, India has extradition treaties with Nepal, Bhutan and Bangladesh. There also exists an extradition arrangement with Sri Lanka.

In addition to these bilateral treaties, a SAARC Regional Convention on Suppression of Terrorism was signed in 1987. An additional protocol was signed in 2004 to strengthen the convention by criminalising the provision, collection or acquisition of funds for the purpose of committing terrorist acts and taking further measures to prevent and suppress financing of such acts.

On July 28, 2016, India and Bangladesh signed an Agreement to amend Article 10 (3) of the bilateral extradition treaty to facilitate expeditious extradition of fugitive criminals between the two countries. Experts say there are clauses in the treaty related to political offences which are not extraditable. 

Officials say, Hasina is in India for “safety reasons”. In other words, there are ways to refuse extradition to if the offence is of “political nature”.

The aim of the treaty between India and Bangladesh is to address the issue of insurgency and terrorism along the shared borders. 

The bottom line is getting Hasina back will not be easy for Bangladesh. Apart from humanitarian grounds, there are also other considerations at play. 

Under her leadership, Bangladesh and India cooperated on many issues, including trade and security. In diplomacy there are legal processes and also humanitarian principles and strategic interests, experts say.

Meanwhile, Hasina also has the option of challenging the extradition request in court, which may be lengthy procedure.

Not the first time India’s safe house  

Hasina is said to be in a safe house—a bungalow in Delhi’s high-security area with fool-proof security arrangements.

However, this is not the first time India has been her safe option. 

In August 1975, when her father Bangabandhu Sheikh Mujibur Rahman, the founding father of Bangladesh, was brutally assassinated along with 18 members of her family, she was in West Germany.

Under then Prime Minister Indira Gandhi, India extended a helping hand to Hasina and her family, providing them with shelter and security. 

Along with her children, husband and sister, Hasina lived in Delhi under an assumed identity for six years (from 1975 to 1981). 

She has thanked India many times for providing refuge when she needed the most, as per reports.