Explained: Why Bringing Sheikh Hasina Back To Bangladesh May Be Legally Difficult
Despite Bangladesh’s demands, treaty provisions and political sensitivities make Sheikh Hasina’s extradition from India far from straightforward
Published : May 26, 2026 at 3:21 PM IST
|Updated : May 26, 2026 at 4:04 PM IST
New Delhi: Comments by Bangladesh Home Minister Salahuddin Ahmed seeking the return of former premier Sheikh Hasina from India have once again drawn attention to the legal complexities embedded in the India-Bangladesh extradition treaty.
“We still expect the Indian government to return her through legal procedures under the extradition treaty between the two countries. We want her to face trial,” Ahmed said at a dialogue organised by the Bangladesh Secretariat Reporters Forum (BSRF) even as outgoing Indian High Commissioner Pranay Verma paid a farewell call to Prime Minister Tarique Rahman over the weekend in Dhaka.
Replying to a question regarding media reports that Sheikh Hasina may return to the country and discussions over a possible travel pass, Ahmed said Bangladesh had repeatedly sent letters to the Indian government through the Ministry of Foreign Affairs seeking her extradition.
Meanwhile, following the meeting between Verma and Rahman, the Indian High Commission posted on its X handle that the outgoing envoy “reaffirmed India’s willingness to deepen multifaceted engagement with Bangladesh for the mutual benefit and shared prosperity of the peoples of both countries”.
“They also briefly discussed various potential areas of cooperation driven by the development priorities of the two countries,” it stated.
However, the fact of the matter is that, though Dhaka may formally seek Hasina’s extradition to face trial, New Delhi is under no automatic obligation to hand her over, particularly because the treaty contains a political offence exception that could shield Hasina from extradition.
In fact, during a regular media briefing here last month, External Affairs Ministry spokesperson Randhir Jaiswal said that India was reviewing Bangladesh's formal request for the extradition through established legal and judicial channels.
“The request is being examined as part of ongoing judicial and internal legal processes. We will continue to engage constructively on the issue with all the stakeholders. We follow all developments very closely,” Jaiswal had said.
The most significant obstacle in Hasina’s extradition lies in Article 6 of the 2013 India-Bangladesh extradition treaty which allows the requested state to refuse extradition if the offence for which extradition is sought is “of a political character”.
This clause is central to the Hasina issue because the cases filed against her in Bangladesh are deeply intertwined with the country’s volatile political transition following her ouster in August 2024. India could argue that the charges against her are politically motivated or arise out of political conflict between rival factions in Bangladesh.
International extradition law traditionally recognises the “political offence exception” to prevent governments from using criminal proceedings to target political opponents. Since Sheikh Hasina was the head of government for over 15 years and remains one of Bangladesh’s leading political figures, India would likely examine whether the accusations stem from genuine criminal liability or political retaliation by the current dispensation in Dhaka. If New Delhi concludes that the proceedings are politically driven, it can legally refuse extradition under the treaty itself.
Extradition treaties do not function as automatic surrender mechanisms. Even if Bangladesh formally requests extradition, India retains sovereign discretion over whether the treaty conditions are satisfied.
Under Indian law, extradition requests are examined through diplomatic, legal and judicial channels. The Indian government would assess whether the alleged offences qualify under the treaty, whether adequate evidence exists, whether the accused would receive a fair trial, whether the request is politically motivated, and whether extradition would violate humanitarian considerations.
Even after diplomatic approval, Indian courts could become involved if Hasina challenges the extradition process legally.
India may also consider whether Hasina can receive an impartial judicial process in Bangladesh under the current political environment.
Since Hasina’s removal from office, Bangladesh has witnessed intense political instability, violent confrontations and sharp polarisation between supporters of the former ruling Awami League and opposition forces. If Indian authorities believe that Hasina faces the risk of politically influenced prosecution, unfair detention or threats to personal safety, that could become grounds to delay or reject extradition.
Modern extradition practice increasingly incorporates human rights considerations even when treaties do not explicitly mention them.
The success of any extradition request would depend heavily on the exact charges Bangladesh files against Hasina.
If Dhaka pursues charges widely recognised as ordinary criminal offences — such as corruption, murder or crimes involving direct criminal responsibility backed by substantial evidence — India would face greater pressure to process the request seriously.
However, if the allegations are linked to political decisions taken during her tenure as Prime Minister, suppression of protests, abuse of executive authority or actions tied to governance, India could classify them as political offences exempt under Article 6.
The extradition treaty signed in 2013 was amended in 2016 mainly to ease evidentiary requirements. The amendment reduced the burden on the requesting country to provide extensive proof at the extradition stage.
However, the amendment did not eliminate the political offence exception. Therefore, Bangladesh may find it easier procedurally to submit a request, but India still retains the right to reject extradition on political grounds.
Another complicating factor is Hasina’s international stature and long political relationship with India.
During her tenure, India and Bangladesh developed unusually close strategic ties in areas such as counterterrorism cooperation, connectivity, defence, trade and regional security. Her government was viewed in New Delhi as one of India’s closest partners in South Asia.
Extraditing a former PM who maintained deep strategic relations with India would carry major diplomatic and geopolitical implications.
According to Bangladeshi academic and political observer Sharin Shajahan Naomi, the International Crimes Tribunal (ICT) of Bangladesh which is supposed to preside over Hasina’s case is seen as politically motivated and illegal.
“Actually, it was Hasina’s Awami League party itself that had set up the ICT in 2009 to investigate and prosecute suspects for the genocide committed in 1971 by the Pakistan Army and their local collaborators during the Bangladesh Liberation War,” Naomi told ETV Bharat over phone from Dhaka. “The ICT was set up after Hasina could not take Pakistani military officials behind the genocide to the International Court of Justice (ICJ) in The Hague.”
However, she said that international research done, particularly in Australia, has shown that the ICT itself has become politically motivated and illegal in nature.
“In such a case, will India extradite Hasina?” Naomi asked, adding, “At best, India can say that Hasina’s case should be taken up by the ICJ in the Hague. But before that, a proper neutral investigation should be done.”
There is a flip side to Hasina’s extradition too.
“In fact, the Awami League supporters themselves want Hasina to return to Bangladesh. Being the magnetic figure that she is, this will lead to thousands of Awami League supporters coming on to the streets. This will become very inconvenient for the new government in Bangladesh,” Naomi explained.
To sum up, while Bangladesh may invoke the 2013 extradition treaty and its 2016 amendment to seek Sheikh Hasina’s return, the political offence exception under Article 6 remains a major legal shield. Combined with concerns over political motivation, fair trial guarantees, regional diplomacy and Sheikh Hasina’s stature as a former prime minister closely associated with India, extradition under the current framework would be legally contentious and politically sensitive.
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