Why India Remains Non-Committal To Bangladesh's Request For Sheikh Hasina's Extradition

New Delhi: Though Bangladesh has again sought the extradition of former Prime Minister Sheikh Hasina after a tribunal in the country sentenced her to death last week on charges of crimes against humanity, India on Wednesday indicated that it is yet to take a decision on Dhaka’s request.

“The request is being examined as part of ongoing judicial and internal legal processes,” External Affairs Ministry spokesperson Randhir Jaiswal said in response to question during his regular media briefing here.

“We remain committed to the best interests of the people of Bangladesh, including peace, democracy, inclusion and stability in that country and will continue to engage constructively in this regard with all stakeholders,” Jaiswal said.

His remarks come even as Bangladesh's interim government Foreign Adviser Md Touhid Hossai said earlier in the day that Dhaka expects New Delhi to respond to this fresh request for extradition of Hasina. At the same time, he added that he did not expect New Delhi to respond to Dhaka’s request within a week.

“I do not expect that they will answer within a week of Dhaka’s request, but we expect we will get an answer,” Bangladesh media quoted Hossain as telling reporters at the Ministry of Foreign Affairs Wednesday afternoon when asked about the status of the extradition request.

The International Crimes Tribunal (ICT) in Bangladesh sentenced Sheikh Hasina and former Home Minister Asaduzzaman Khan Kamal to death on November 17, holding them responsible for crimes against humanity committed during last year’s July Uprising.

In the same ruling, former Inspector General of Police Chowdhury Abdullah Al-Mamun was handed a five-year prison sentence after admitting his involvement and testifying for the prosecution against the two senior leaders.

According to the judgement, Hasina (78), who is currently in India, received two separate death sentences. The first stems from the shooting deaths of six unarmed protesters in Dhaka’s Chankharpul area on August 5 last year. The second relates to the killings of six student demonstrators in Ashulia that same day; prosecutors said five were burned after being shot, while one was allegedly set on fire alive.

The tribunal also upheld two death sentences for Asaduzzaman. Prosecutors had pressed five charges in total, including failure to prevent murder — offences deemed crimes against humanity under Bangladeshi law — and had sought the maximum punishment upon conviction.

Meanwhile, in separate development following the ICT’s verdict, Bangladesh National Security Adviser (NSA) Khalilur Rahman visited New Delhi at the invitation of his Indian counterpart Ajit Doval to attend the Seventh NSA-level Meeting of the Colombo Security Conclave (CSC) on November 20. Though a bilateral meeting was held on the sidelines of the Conclave during which various issues came up for discussion, it is not clear whether the extradition issue figured in the talks.

Following Rahman’s return to Dhaka from New Delhi, a note verbale was handed over to the External Affairs Ministry through the Bangladesh High Commission here seeking the extradition of Hasina, according to reports in the Bangladesh media.

Bangladesh descended into political instability following the ouster of Hasina in August 2024. Hasina’s removal from power came after a students’ revolution that snowballed into a mass uprising against what people called her authoritarian style of governance. Her decade-and-a-half-long rule ended abruptly, leaving a political vacuum that exacerbated existing divisions and triggered a struggle for control.

The immediate aftermath of Hasina’s ouster saw the formation of an interim government led by Muhammad Yunus. With Hasina taking refuge in India, relations between the two South Asian neighbours have since been tense.

The ouster of Hasina also saw the rise of extremist Islamist elements in Bangladesh’s political landscape, leading to large-scale violence against religious minorities, particularly Hindus. India has been continuously voicing its concerns over these developments. India had not responded to a request for the extradition of Hasina made last year by Dhaka following her ouster.

India and Bangladesh do have an extradition treaty, but it contains multiple conditions that complicate politically sensitive cases. Extradition cannot proceed if the accused is likely to face persecution or unfair trial based on political motivations or the charges appear politically driven or there is a risk of capital punishment unless assurances are given.

The circumstances of Hasina’s ouster – mass student protests, the military’s role in the transitional government, and subsequent corruption and abuse-of-power charges – carry unmistakable political undertones. India would need to assess whether trial conditions in Bangladesh currently meet the standards required under Indian law and human rights norms.

Given these legal filters, New Delhi cannot respond within a short time frame, nor can it commit politically without aligning with judicial protocols. Remaining non-committal helps India avoid prejudging the legal process.

Bangladeshi academic and political observer Sharin Shajahan Naomi pointed out that India is surrounded by countries like Nepal, Bangladesh, Pakistan and China who cannot be seen as New Delhi’s friends.

“If India extradites Hasina, it will be a diplomatic defeat,” Naomi told ETV Bharat. “It will indicate that India does not care for its friends. Even people in Sri Lanka and the Maldives might ask why they should be pro-India if Hasina is handed over.”

For nearly 15 years, Hasina’s administrations were India’s closest political partners in South Asia. She delivered on counterterrorism cooperation, connectivity projects, energy trade, security coordination against insurgent groups in the Northeast, and stable border management.

India, therefore, owes much of its stable eastern frontier and subregional connectivity architecture to Hasina’s policies. It would be strategically counterproductive for New Delhi to appear to abandon a long-standing ally under pressure. However, Naomi at the same time added that if Hasina voluntarily opts to return to Bangladesh, it would be a different matter.

To sum up, India’s non-committal position on Bangladesh’s request to extradite Hasina stems from a combination of legal constraints, strategic calculations, political sensitivities, and concerns about due process in Bangladesh. By letting the matter proceed through judicial channels, New Delhi avoids taking a premature political stance, preserves diplomatic flexibility, and protects its long-term strategic interests in the neighbourhood.

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