The Wire Staff 
New Delhi: Bangladesh on Monday (December 23) formally requested India to extradite former Bangladeshi Prime Minister Sheikh Hasina, over four months after she came to India on “short notice” after escaping Dhaka on a military plane as crowds surged to oust her from power.
On Monday morning, Jahangir Alam, home adviser to Bangladesh’s interim government, announced that his ministry had formally requested the Ministry of Foreign Affairs to initiate steps for the return of ousted Prime Minister Sheikh Hasina from India.
“We have sent a letter to the foreign affairs ministry for her extradition. This process is underway,” Alam told reporters at an event in Dhaka.
In response to another query, the adviser highlighted that Bangladesh has an extradition treaty with India, which will facilitate her return.
A few hours later, foreign adviser Touhid Hossain said that a diplomatic note had been sent to India.
“We sent a note verbale (diplomatic message) to the Indian government saying that the Bangladesh government wants her (Hasina) back here for judicial process,” Hossain told reporters on Monday afternoon.
Hasina, accompanied by her sister, Sheikh Rehana, departed for India on August 5 aboard a special flight provided by the Bangladesh army. Her departure occurred with less than an hour’s notice as protesters converged on the prime minister’s office, marking the climax of the student-led movement that ended 15 years of Awami League rule.
A day after her arrival in India, External Affairs Minister S. Jaishankar informed the parliament that Hasina had decided to resign following a meeting with leaders of Bangladesh’s security establishment.
“At very short notice, she requested approval to come for the moment to India. We simultaneously received a request for flight clearance from Bangladesh authorities. She arrived yesterday evening in Delhi,” Jaishankar stated.
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While Hasina remains in India, her status has never been clarified by the Ministry of External Affairs. She has not been ever seen in public after arrival, though a few statements released online have provoked the ire of the interim government in Bangladesh.
Her presence in India had added another layer of friction on relations between the two countries, as it is seen in Bangladesh as indicative of New Delhi’s uncritical support for the Awami League government over the past decade and a half.
The interim government in Bangladesh is facing mounting pressure to adopt a stronger stance, particularly after India repeatedly expressed concerns over attacks on minorities – claims that Dhaka has dismissed as exaggerated.
Since her departure, multiple cases have been filed in police stations across Bangladesh against Hasina and other members of the former Awami League government, accusing them of involvement in killings and imprisonments during their time in power.
Besides, the Dhaka-based International Crimes Tribunal (ICT) issued warrants for her arrest following two petitions filed by prosecutors for human rights violations during the security crackdown in the July-August uprising. Ironically, the ICT was set up by the Hasina government in 2010 to investigate and prosecute accused for crimes during the 1971 Liberation war.
Ministry of External Affairs (MEA) spokesperson Randhir Jaiswal confirmed on Monday evening that they “have received a Note Verbale from the Bangladesh High Commission today in connection with an extradition request.” “At this time, we have no comment to offer on this matter,” official sources added.
India could choose to send Hasina back, but this would be a politically challenging decision, since the former prime minister has always been portrayed as a loyal ally in Indian media. She could also challenge any decision to extradite her in court, potentially causing delays.
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It would, of course, had been simpler if Hasina chose to go back to Bangladesh voluntarily – or if a third country had previously agreed to offer her exile.
With its options limited, New Delhi could refuse the extradition request, which would likely trigger an adverse reaction in Bangladesh.
Under the 2013 India-Bangladesh extradition treaty, a request for extradition may be denied if it is considered unjust or oppressive due to the trivial nature of the offence, the passage of time, or if the accusation is not made in good faith. Extradition is also prohibited for military offences that are not crimes under general criminal law.
Additionally, extradition is only permitted if the individual has been sentenced to at least four months of imprisonment or detention for the offence. It cannot proceed if the person is protected by the requested state’s laws against double jeopardy.
The treaty also includes a provision allowing extradition to be refused if the offence is deemed a political one, although it does not define what constitutes a “political character.” However, certain crimes are excluded from this ‘political offence exception’ clause six, including those under binding multilateral treaties, murder, grievous harm, terrorism, and related acts such as kidnapping, unlawful detention, and incitement to murder, as well as attempts or conspiracies to commit such crimes.