5 min learnNew DelhiUp to date: Aug 16, 2026 11:16 AM IST
AS THE Tarique Rahman authorities reiterates its request for the extradition of Bangladesh’s ousted Prime Minister Sheikh Hasina, prime authorities officers in India mentioned such requests have to return earlier than the Indian judiciary and be determined by it, however added that intense discussions have been on with Dhaka to maneuver away from such a maximalist place.
“The choice to extradite might be lastly taken by our courts, it is not going to be a political or diplomatic resolution. And what must be established through the courtroom course of is whether or not the crimes which can be alleged to have been dedicated are additionally categorised as crimes underneath the Indian legislation,” a prime official informed The Indian Specific.
One other official mentioned Sheikh Hasina had herself mentioned she deliberate to return to her nation in December this 12 months. Requested when she deliberate to return throughout a press convention on August 5, she referred to the 1971 Bangladesh liberation conflict, and mentioned, “December is our victory month, so I wish to return within the month of December.” Hasina faces a dying sentence in Bangladesh and her social gathering, the Awami League, has been banned.
The extradition request can’t be decoupled from the present diplomatic exchanges between Delhi and Dhaka, this official mentioned.
Responding to a query on Prime Minister Rahman’s request for extradition at a media briefing, a spokesperson of the Ministry of Exterior Affairs (MEA), had earlier mentioned, “We’re inspecting the matter in accordance with our established procedures, and each time I’ve any replace to share, I’ll inform you…”
MEA officers informed The Indian Specific that Bangladesh’s extradition request to India is annexed with all of the required authorized paperwork as per provisions of the 2013 extradition pact between the 2 international locations.
For 2 years now, for the reason that August 2024 mass rebellion in Dhaka, Sheikh Hasina has been given refuge and safety in an undisclosed location in New Delhi. On August 5, she held a digital press convention within the capital the place she introduced she was “decided to return dwelling.”
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Members and former Members of Parliament of the ousted Awami League social gathering say that whereas in her unofficial asylum, Sheikh Hasina has been repeatedly in contact together with her social gathering cadre in Bangladesh; has sometimes been holding in-person consultations and often enjoying desk tennis. The 78-year outdated chief, they are saying, is proposing to return to Dhaka in direction of the top of the 12 months.
In the meantime, the diplomatic parleys over the delicate subject are on. Utilizing the dying penalty verdict delivered by the Worldwide Crimes Tribunal (ICT) in November 2025 the place she has been convicted for committing “crimes in opposition to humanity” as the idea, Dhaka has been urgent for her extradition. Awami League members say that if and when extradition proceedings begin in an Indian courtroom, the ICT verdict could be challenged on a number of grounds, together with the truth that it was delivered through the tenure of an interim Authorities in Bangladesh, with Muhammad Yunus on the helm.
A tightrope stroll
The extradition query is not going to come up if Sheikh Hasina decides to return to Bangladesh in December as she has said. Even in any other case, whereas the Indian judiciary will take a name on her extradition, Delhi might be eager to resolve the difficulty diplomatically, and impress upon Dhaka to not take this maximalist place.
India signed an extradition pact with Bangladesh in 2013, and this envisages an “obligation” for return of those that have been charged with or have been discovered responsible or are needed for the enforcement of a “judicially pronounced penalty.” It additionally mentions that ought to there be an extraditable offence, it could be handled by the “judicial authority of the opposite Contracting State.” Article 6 of the Treaty states that offences of a “political character” shall not be entertained but in addition lists 12 offences resembling homicide, manslaughter, assault, use of firearms, incitement to homicide and so forth as offences which shall not be considered offences of a political character.
Additionally related are provisions of India’s Extradition Act, 1962, which provides details about extradition of fugitive criminals from India. It states that whereas the CPV (Consular, Passport and Visa) division is the nodal workplace for coping with extradition issues, the Ministry after considering the related extradition treaty/association if it considers it match, an inquiry Justice of the Peace could also be appointed to inquire into the case.”
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“If the Inquiry Justice of the Peace considers it’s a match case for the give up of he fugitive felony pursuant to the request, the Justice of the Peace might in its report suggest extradition….alternatively, if, on conclusion of the extradition inquiry, the Extradition Justice of the Peace is of the opinion {that a} prima facie case shouldn’t be made out in assist of the requisition of the international state, he shall discharge the fugitive felony,” it states.
