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How Would the Extradition of Sheikh Hasina from India to Bangladesh Work?

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When Bangladesh’s International Crimes Tribunal read out the death sentence verdict against former Prime Minister Sheikh Hasina on November 17 for “crimes committed against humanity,” the Indian External Affairs Ministry’s reaction was cryptic. Taking “note” of the verdict against its erstwhile ally, New Delhi promised to “engage constructively with all stakeholders.”

Three weeks later, Indian External Affairs Minister S. Jaishankar was even more enigmatic on Hasina’s fate, in the face of an extradition request from Dhaka, leaving it entirely on her to decide on returning to her country. This was in the backdrop of the Muhammad Yunus-led interim government’s efforts to officially seek Hasina’s extradition, based on a treaty signed some 12 years ago.

Dhaka formally sought Hasina’s extradition on November 21. While India finds itself in a diplomatic spot of bother, especially when the extradition request followed a hurried judicial process in the ICT, which imposed the death sentence against Hasina for alleged crimes committed during the July-August 2024 students’ protest, its legal implications have put the government in a legal, ethical and geopolitical dilemma.

The Indian government has acknowledged receiving the extradition request, saying it was under examination. The Dhaka interim regime insists that it aligns with the 2013 agreement between the two countries, arguing that the treaty obligates India to return any person formally convicted of serious crimes, provided the request meets procedural standards. 

India, however, has

© The Diplomat