Despite an existing extradition treaty, New Delhi may reject Dhaka`s request by the interim government to return Sheikh Hasina, the deposed Prime Minister of Bangladesh. According to a report by Qatar-based media outlet Al Jazeera, the treaty allows room for refusal of such requests.

In Al Jazeera`s in-depth program Inside Story, a segment titled Will India Extradite Bangladesh’s Deposed Prime Minister? was published on their website on Tuesday, December 24. The report explores whether India would comply with the request to extradite Sheikh Hasina, who fled to India amid a mass uprising in Bangladesh and is accused of crimes against humanity, including genocide.

The program featured insights from Sreeradha Datta, a professor at OP Jindal Global University in India, Sohela Nazneen, a senior research fellow at the University of Sussex in the UK, and Shireen Huq, co-founder of Bangladesh’s women’s rights group Naripokkho. The discussion was moderated by Adrian Finighan.

India’s Potential Response to Dhaka`s Request
Adrian Finighan asked Professor Sreeradha Datta how New Delhi might respond to Dhaka`s request and whether this puts Indian Prime Minister Narendra Modi in a politically sensitive position.

Professor Datta noted, “Undoubtedly, extraditing Sheikh Hasina is a highly complex process involving political considerations and other factors. India would also evaluate the impartiality of Bangladesh`s judicial system and other technical aspects.”

She further pointed out that Dhaka has only sent a diplomatic letter to India, not an arrest warrant, which would also influence New Delhi`s decision. Additionally, questions of justice and fair trial for Sheikh Hasina would weigh heavily on the matter.

Extradition Treaty Provisions
Sohela Nazneen highlighted that the 2013 extradition treaty between Bangladesh and India includes provisions allowing refusal of extradition requests. “Typically, such treaties allow a country to reject requests if it believes the person will not receive a fair trial. What India decides regarding Sheikh Hasina will ultimately depend on the Indian government,” she added.

When asked whether Sheikh Hasina would receive justice in Bangladesh, Nazneen said it would depend on the processes of the country’s International Crimes Tribunal. As a Bangladeshi citizen, she hoped the tribunal would follow due process and maintain democratic standards.

Political and Judicial Credibility
Shireen Huq was asked about the credibility of the tribunal considering the accusations against Sheikh Hasina. She acknowledged that the tribunal had faced controversy during Hasina’s tenure as Prime Minister but said her government took no steps to address these concerns. Now, she is facing trial before the same tribunal.

“We all hope the trial will follow due process and ensure a fair judgment,” Huq remarked, adding that she disagreed with claims of political vengeance driving the prosecution. She noted, however, that the tribunal`s credibility was tarnished during the 2013 Shahbagh protests, which were in support of capital punishment for war criminals, many of whom were Hasina`s political opponents.

India`s Extradition History
Huq mentioned India’s history of honoring extradition requests, citing the case of Abdul Majed, a convict in the Sheikh Mujibur Rahman assassination case, whom India handed over to Bangladesh. “Given India’s past actions, there’s reason to believe they may respond positively to Dhaka`s request,” she said.

Human Rights Concerns
Meanwhile, Human Rights Watch (HRW), a New York-based organization, recently stated that India should continue to provide asylum to Sheikh Hasina and her cabinet members until Bangladesh abolishes the death penalty. Referring to this, Shireen Huq supported the call to abolish the death penalty in Bangladesh. However, she also emphasized the need for Sheikh Hasina to face justice, regardless of the case specifics.

The debate continues over whether Sheikh Hasina will be extradited, with significant political, judicial, and human rights implications at stake.