Indian courts to decide Hasina extradition: The Indian Express

Highlights:

• Indian courts will ultimately decide Hasina's extradition request
• Delhi and Dhaka are discussing alternatives to extradition demands
• Bangladesh submitted required documents under the 2013 treaty
• Hasina says she plans to return home in December
• India's extradition law allows judicial review of requests
• Dhaka bases extradition demands on Hasina's death sentence

Courts in India will ultimately decide whether to extradite ousted Bangladesh prime minister Sheikh Hasina, while New Delhi is engaged in discussions with Dhaka to move away from what Indian officials described as a "maximalist" position on the issue, reports The Indian Express.

"The decision to extradite will be finally taken by our courts, it will not be a political or diplomatic decision," a senior Indian government official told The Indian Express.

The official said the judicial process would also examine whether the crimes alleged against Hasina constitute offences under Indian law.

According to the report, Indian officials said Bangladesh's extradition request contains the required legal documents under the 2013 extradition treaty between the two countries.

India's Ministry of External Affairs (MEA), however, has so far maintained that the request is being examined under established procedures.

"We are examining the matter in accordance with our established procedures, and whenever I have any update to share, I will inform you," an MEA spokesperson said earlier.

Delhi-Dhaka talks

An Indian official told The Indian Express that the extradition issue could not be separated from the broader diplomatic engagement between New Delhi and Dhaka.

The official also pointed to Hasina's own statement that she intends to return to Bangladesh in December. During a virtual press conference on 5 August, Hasina said she wanted to return home in December, referring to the month as "victory month".

Hasina, 78, has been staying at an undisclosed location in New Delhi since the fall of her government following the mass uprising in August 2024.

The Indian Express reported that former and current members of the Awami League claimed Hasina remained in contact with party leaders and activists in Bangladesh and had been considering returning towards the end of this year.

If she returns to Bangladesh voluntarily, the extradition question would not arise, the Indian official told the newspaper.

Treaty provisions

India and Bangladesh signed an extradition treaty in 2013 that provides for the return of people charged with or convicted of offences, as well as those wanted to serve a judicially pronounced sentence. The treaty states that extraditable offences are to be dealt with by the judicial authority of the requesting country.

It also excludes offences of a "political character" from extradition but specifically lists several offences – including murder, manslaughter, assault, use of firearms, and incitement to murder – that are not to be treated as political offences.

The Indian Express reported that the provisions of India's Extradition Act, 1962, would also be relevant to any proceedings.

Under the law, the Consular, Passport and Visa division of the MEA serves as the nodal office for extradition matters. The government may appoint an inquiry magistrate to examine an extradition request after considering the relevant treaty or arrangement.

If the magistrate finds that the case warrants surrender, a recommendation for extradition can be made. If the magistrate finds that no prima facie case has been established in support of the foreign government's request, the fugitive may be discharged.

While Indian officials stressed that the judiciary would have the final say, The Indian Express reported that New Delhi is also keen to resolve the matter diplomatically and has been urging Dhaka to reconsider its demand for Hasina's extradition.