Extradition Battle: Will Sheikh Hasina’s Fate Spark a Diplomatic Crisis?

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Bangladesh (Commonwealth Union)_ The Bangladesh interim government, led by Muhammad Yunus, has raised concerns that India may be unwilling to return Sheikh Hasina, the former Prime Minister of Bangladesh, despite a formal request for her extradition. The government has expressed doubts about India’s response to its call for the extradition of Hasina, who fled to India earlier this year amid political turmoil. On December 23, the Bangladesh government sent a note verbale to New Delhi requesting the extradition of Hasina under the bilateral extradition treaty between the two countries, signed in 2013 and amended in 2016. The treaty establishes a legal framework for the exchange of fugitives, with the amendment aimed at facilitating quicker extradition of criminals between the two nations. In their note, the Bangladesh government cited the treaty to justify their request for Hasina’s return.

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However, in a recent media interaction, Mahfuj Alam, an adviser to the Bangladesh interim government, revealed that Dhaka had been informed that India is unlikely to comply with the extradition request. “Our observation is that they have made a political decision that they will not return her. We are hearing as such,” Alam stated, addressing questions from the media during a foreign policy dialogue held in Dhaka on Sunday. Alam added, “However, from the state’s perspective, we must remain realistic. Rash actions are not an option,” signaling a cautious approach from the interim government despite their frustrations. He further indicated that Bangladesh would remain patient in awaiting India’s response, though the government would send a formal reminder in due course if no reply is received.

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The Bangladesh government has made it clear that it is committed to seeing Hasina face the legal consequences of multiple charges brought against her in relation to the mass protests earlier this year. After a nationwide uprising against her government in July and August, Hasina fled Bangladesh and sought refuge in India on August 5. Since then, she has been residing in India. Bangladesh has charged Hasina with over 100 criminal offenses, including murder, genocide, and crimes against humanity, in connection with her alleged role in suppressing the student-led protests during the July uprising. The interim government, which came into power following Hasina’s departure, has relied on the International Crimes Tribunal (ICT), an institution established by Hasina’s own government in 2010 to prosecute individuals accused of crimes during Bangladesh’s 1971 Liberation War, to prosecute Hasina and her associates for their alleged crimes during the 2024 protests.

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The extradition request comes amid growing political tension in Bangladesh. On December 8, Shafiqul Alam, the press secretary to the Chief Adviser, stated that the government would take all necessary legal steps to ensure Hasina’s return. “Our government’s position on the extradition of Sheikh Hasina is very clear. We want to bring Sheikh Hasina back to the country to face the law,” he said. Despite Bangladesh’s formal request, India has yet to issue an official response to the extradition plea. According to a spokesperson for Bangladesh’s Ministry of Foreign Affairs, the absence of a time frame in the 2013 extradition treaty means Dhaka will wait for India’s reply before taking further steps. However, with the political dynamics surrounding Hasina’s departure and the charges against her, the issue has become a sensitive diplomatic matter between the two neighboring countries.

Furthermore, the case has added another layer of complexity to the already strained relations between India and Bangladesh. While India has historically been an important ally of Bangladesh, the handling of Hasina’s extradition request could have long-term implications for bilateral ties. Dhaka’s fears of India’s reluctance to hand over the former prime minister could heighten tensions, especially considering the political and legal ramifications of the charges against Hasina. As of now, the future of Hasina’s extradition remains uncertain. While Bangladesh insists on her return to face trial, India’s stance on the matter continues to be unclear. Given the political sensitivities surrounding the case, both nations may need to navigate carefully in the coming months to avoid further escalating the issue.

 

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