Can India Deny Dhaka’s Request to Extradite Sheikh Hasina? What the Treaty & Laws Say

Bangladesh has formally asked India to extradite former Prime Minister Sheikh Hasina, who was sentenced to death in absentia by Bangladesh’s International Crimes Tribunal. But it’s not a simple “yes” or “no” — India has several legal grounds to refuse, based on its bilateral extradition treaty with Dhaka.

What the Extradition Treaty Allows & Restricts

1. Political Offence Exception (Article 6)
   • Under the India-Bangladesh Extradition Treaty (2013), India can refuse extradition if the requested offence is considered political.
   • Experts argue the charges against Hasina could be framed as political because they stem from a tumultuous political upheaval.
   • However, not all political crimes are exempt: the treaty explicitly excludes grave crimes like murder, torture, and kidnapping from being considered purely political.
2. Good Faith & Justice Concerns (Article 8)
   • India may also refuse extradition if it believes the request is not made in good faith or if sending the person back would be “unjust or oppressive.”
   • Issues like a lack of fair trial, or perceived misuse of legal provisions for political ends, could form the basis for such refusal.
3. Dual Criminality Requirement
   • The offence for which Bangladesh requests extradition must also be recognized as a crime in India.
   • There is debate whether “crimes against humanity,” for which Hasina was convicted, squarely qualify under Indian domestic law in the same way.
4. Procedural Loopholes
   • A 2016 amendment to the treaty removes the requirement for Bangladesh to provide full evidence. Now, a competent court’s arrest warrant may be sufficient to trigger extradition.
   • Still, India may go to its courts first, and judges could decide whether the extradition request meets treaty standards.

Diplomatic & Moral Pressures

• Dhaka argues that Hasina’s extradition is a “mandatory obligation” under the treaty, especially given the gravity of the tribunal’s verdict.
• Bangladesh’s interim government has called on India to act with “conscience and moral clarity” rather than just legalism.
• On the other hand, some Indian experts and former diplomats say India is within its rights to refuse — especially if it believes the charges are politically motivated.

Bottom Line: Not a Clear-Cut Compulsory Extradition

• Yes, Bangladesh has made a formal request, and the treaty provides a framework for it.
• Yes, there are legitimate legal reasons India can refuse — particularly under the political offence exception or if there are doubts about the fairness or motive behind the request.
• But, the decision is likely to involve both legal and diplomatic calculations, not just a legal “must.”

Related News : Sheikh Hasina Sentenced to Death by Bangladesh Tribunal for Crimes Against Humanity