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The request to extradite ousted former Bangladesh Prime Minister Sheikh Hasina has placed India in a diplomatic quandary.
In 2013, India and Bangladesh ratified an extradition treaty to tackle concerns about fugitives from both countries operating across borders. Under this agreement, Indian and Bangladeshi insurgents seeking refuge in the neighboring country would be deported following a legal request for their extradition.
When the treaty was signed, Sheikh Hasina was the premier of Bangladesh. Ironically, this covenant is now being used to her detriment. Once the invincible statesperson of a booming South Asian economy, she has now been relegated to the position of a beleaguered leader, exiled in the neighboring country.
Over the span of a decade, Hasina’s firm grip on power has weakened significantly as she has fallen from grace in a country founded by her father, Sheikh Mujibur Rahman. The erstwhile prime minister fled to India after she was ousted from public office in August 2024 following a wave of student-led protests. In December 2024, Dhaka formally requested the Indian government to extradite Hasina so that she could face a “judicial process.” The demand for her extradition came months after the International Crime Tribunal (ICT) issued an arrest warrant against her. As per this warrant, Hasina has been charged with genocide and crimes against humanity. Since the Awami League administration was removed from office in August 2024, numerous complaints of criminal activity have been registered against the former prime minister, as well as her party members and affiliates. These include charges of her involvement in enforced disappearances.
New Delhi acknowledged the request for Hasina’s extradition but refused to comment on the matter. India’s weighted silence has been construed as a sign of its reluctance to take a proactive stance on the issue. Be that as it may, the Muhammad Yunus-led interim government isn’t keen on allowing this matter to be swept under the carpet. Following the formal request for Hasina’s repatriation, a concerted effort has been made to emphasize the gravity of the situation.
In early January, a Bangladeshi court issued a second arrest warrant against the deposed premier for her alleged role in enforced disappearances. A few weeks later, Law Adviser Asif Nazrul categorically asserted that India’s failure to extradite Hasina would reflect a violation of the 2013 treaty. According to the law adviser, a red alert has been issued, and the international community will be engaged if India doesn’t take the requisite measures to ensure Hasina’s extradition.
At this critical juncture, the extradition request has placed India in a diplomatic quandary and will likely affect the strained relations between both countries. Two weeks before the interim government put forward its demand for Hasina’s extradition, India’s foreign secretary, Vikram Misri, visited Dhaka for the first high-level diplomatic meeting with the interim government. During this meeting, both countries pledged their commitment towards fostering constructive relations.
However, it is difficult to assume past events can be altered or erased for public memory with a mere change of political administration. The interim government is painfully aware of how the Indian polity threw its weight behind Hasina during her long, authoritarian tenure. Skeptics believe that representatives in Dhaka’s interim government may perceive New Delhi’s non-committal stance on Hasina’s extradition as an attempt to shield her from judicial accountability and, thereby, interfere in domestic affairs.
Some may even view India’s dithering to be a calculated move -- a veiled strategy to perform a much-needed political baptism on Hasina. These claims are based on conjecture and cannot be arbitrarily linked with India’s guarded silence on the deposed leader’s repatriation. In fact, it wouldn’t be prudent to rely on any form of speculation while dealing with this concern.
Extradition is fundamentally a legal matter and must be tackled in accordance with international law. While there is no specific convention on extradition, states must either repatriate or punish those accused residing within their territory who have been charged with grave offences such as genocide, torture, and crimes against humanity. This principle, which is embedded into treaties and customary international law, places the onus on the sheltering state.
Moreover, the UN Declaration on Territorial Asylum, based on Article 16 of the Universal Declaration on Human Rights, guarantees that everyone has the right to seek and enjoy asylum from persecution in other countries. However, this right cannot be exercised by those prosecuted for non-political crimes. By default, those accused of committing political offences may enjoy immunity and don’t necessarily have to be repatriated if they have sought sanctuary in another country. This legal exception isn’t a prisoner to political ideologies. Democratics and anarchists are equally capable of claiming immunity on these grounds. However, the decision can only be made by the state, which is protecting these political leaders.
Under these circumstances, India must exercise this right judiciously and make an informed decision on Hasina’s extradition. As per the 2013 extradition treaty, New Delhi will require a magistrate’s arrest order against Hasina along with concrete evidence of her crime. In addition, the Indian government must ensure Hasina will be granted the right to a fair trial -- a tall order in a country where she has become an object of ridicule and vilification. Amid this charged climate of hate, Hasina’s return to Bangladesh could potentially pose a threat to her life.
Beyond these legal considerations, New Delhi must remember that its next decisive step on the issue could have serious implications for South Asian diplomacy. Hasina’s extradition isn’t just an internal matter for Bangladesh but could affect the pattern of domestic politics in India and the nature of bilateral ties between both nations. India must respond to the interim government’s request with a mix of ethicality and pragmatism to avoid any unforeseen challenges for itself in the region.
Based in Karachi, the writer is a journalist and author. He analyses international issues and can be reached at tahakehar2@gmail.com
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