India Can Refuse Hasina’s Extradition Request: Legal Expert

The interim Bangladesh government has requested India to extradite former Prime Minister Sheikh Hasina and ex-Home Minister Asaduzzaman Kamal.

Both were sentenced to death by a Bangladeshi court for allegedly ordering security forces to fire on protesters during the July 2024 students’ movement.

Asif Nazrul, legal advisor to the interim government, said Dhaka will send another letter to India seeking Hasina’s extradition.

However, legal expert Aaditya Bhatt of Ahmedabad-based Bhatt and Joshi Associates said India has strong grounds to reject the request.

He cited Section 31 of the Extradition Act, 1962, and Articles 1, 6, and 8 of the India-Bangladesh Extradition Treaty (2013, amended 2016).

Bhatt explained that Article 1 obliges extradition for crimes punishable by at least one year in both countries.

He stressed that the obligation is not absolute and contains exceptions to protect fairness and justice.

Hasina has denied all allegations of crimes against humanity. She said she never ordered security forces to attack protesters and called the International Crimes Tribunal (ICT) verdict “biased and politically motivated.”

The ICT was established in 2010 under the International Crimes (Tribunals) Act of 1973.

The tribunal originally aimed to prosecute genocide, war crimes, and crimes against humanity from the 1971 Liberation War.

The law allows courts to impose the death penalty on convicted individuals.

Kamal, also in exile in India, criticised the tribunal as “invalid and unconstitutional.”

Bhatt noted that trial in absentia, lack of independent legal representation, and the hasty death sentence raise credible concerns about judicial independence.

Article 8 of the treaty allows India to refuse extradition if the requesting country acts in bad faith or subjects the accused to torture, cruel treatment, or an unfair trial.

Bhatt said the prosecution may reflect political retribution rather than justice.

He added that international precedents, such as Soering v UK, and India’s constitutional protections under Article 21 mandate fair procedures.

Indian courts must independently review whether the foreign trial meets fundamental standards.

Meanwhile, Dhaka remains on high alert, with heavy security amid fears of mass unrest.

Violent student-led protests against corruption and authoritarianism ousted Hasina, Bangladesh’s longest-serving prime minister, in August 2024.

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