The final decision on whether ousted Bangladeshi Prime Minister Sheikh Hasina will be extradited to Bangladesh will ultimately rest with the Indian judiciary, according to senior Indian government officials. They said the matter cannot be resolved solely through political or diplomatic channels and will have to go through India’s established legal process.
At the same time, Dhaka and New Delhi are engaged in intensive discussions over the issue, with both sides reportedly exploring an acceptable solution rather than remaining fixed on Bangladesh’s maximum demand for Hasina’s immediate return.
A senior Indian official said there is no scope for making the extradition decision purely on political or diplomatic grounds. Instead, the Indian authorities will examine whether the offences for which Hasina has been accused in Bangladesh also constitute offences under Indian law.
According to The Indian Express, Bangladesh has formally requested India’s cooperation in extraditing Hasina and submitted the necessary legal documents under the 2013 India-Bangladesh Extradition Treaty. The request is therefore under review by the relevant Indian authorities and within the country’s legal framework.
India’s Ministry of External Affairs had earlier said that Bangladesh’s request concerning Hasina was being examined in accordance with established procedures. The ministry also said any further developments would be communicated when available.
Hasina has been staying in India since the mass uprising in Bangladesh in August 2024. Current and former lawmakers from her Awami League have claimed that she has remained in contact with party leaders while staying at an undisclosed location in New Delhi.
Hasina herself has also indicated that she wants to return to Bangladesh in December this year. Asked about her plans to return during a virtual press conference on August 5, she referred to December as Bangladesh’s month of victory and said she intended to return during that month.
In Bangladesh, Hasina has been sentenced to death in a case involving crimes against humanity. In November 2025, the country’s International Crimes Tribunal found her guilty of crimes against humanity and handed down the death sentence. Dhaka has cited the verdict as one of the principal grounds for seeking her extradition.
Awami League leaders, however, believe that if judicial proceedings over the extradition begin in India, the tribunal’s verdict could be challenged on various legal grounds. They may particularly argue that the verdict was delivered under Bangladesh’s interim government, potentially raising questions that could be considered by an Indian court.
Under the 2013 India-Bangladesh Extradition Treaty, individuals convicted or accused through judicial proceedings may be extradited under specified conditions. The treaty generally excludes offences considered political in nature from extradition. At the same time, it specifically provides that certain serious offences—including murder, assault, use of firearms and incitement to murder—are not to be treated as political offences for the purpose of extradition.
India’s Extradition Act of 1962 also establishes a detailed legal framework for such cases. Upon receiving an extradition request, the Indian government may appoint an inquiry magistrate to examine the case. If the magistrate determines that there is sufficient prima facie evidence supporting the allegations, an extradition recommendation may be made. Conversely, if sufficient grounds are not found at the preliminary stage, the person concerned may be released.
As a result, while Sheikh Hasina’s possible extradition remains the subject of diplomatic engagement between Bangladesh and India, its ultimate outcome will depend on India’s applicable laws and judicial procedures.
Bangladesh’s extradition request, the allegations and sentence against Hasina, and the provisions of the bilateral extradition treaty are all expected to be considered before any final decision is reached.
Source: The Indian Express.