India Says Sheikh Hasina Extradition Decision Will Be Made by Courts, Not Politics

The final decision on whether former Bangladeshi Prime Minister Sheikh Hasina will be extradited to Bangladesh will be determined through India's judicial process rather than political or diplomatic negotiations, a senior Indian government official said on Sunday.

According to a report by The Indian Express, the official stated that a key factor in the extradition proceedings will be whether the allegations brought by Bangladesh against Sheikh Hasina are also recognized as criminal offences under Indian law. The official added that New Delhi and Dhaka are engaged in close discussions to find common ground on the issue while avoiding rigid diplomatic positions.

Bangladesh has already submitted a formal request for Sheikh Hasina's extradition. India's Ministry of External Affairs confirmed that the request is being examined in accordance with established legal procedures. A ministry spokesperson said further updates would be provided when available.

Indian officials said Bangladesh's extradition request includes the legal documentation required under the 2013 India–Bangladesh Extradition Treaty. The agreement obliges both countries to extradite individuals accused or convicted of extraditable offences, as well as those required to serve court-imposed sentences.

Under the treaty, the determination of whether an offence qualifies for extradition is subject to judicial review. While political offences are generally exempt from extradition, the agreement specifies that serious crimes such as murder, attempted murder, the use of firearms, and incitement to murder are not to be treated as political offences.

India's Extradition Act of 1962 also outlines the legal framework governing extradition requests. After receiving a request, the Ministry of External Affairs may appoint a magistrate to examine whether sufficient evidence exists to establish a prima facie case. If adequate grounds are found, the magistrate may recommend extradition; otherwise, the individual may be discharged.

Bangladesh has intensified its demand for Sheikh Hasina's extradition following a death sentence reportedly handed down against her by the International Crimes Tribunal on charges of crimes against humanity.

Sheikh Hasina left Bangladesh for India following the July 2024 uprising and is believed to have remained in New Delhi since then. In recent remarks, she has also expressed her willingness to return to Bangladesh.

Indian officials emphasized that the extradition issue cannot be viewed entirely separately from the broader diplomatic relationship between India and Bangladesh. Consequently, both the judicial process and ongoing bilateral diplomatic engagement are expected to play significant roles in determining the outcome.

According to sources familiar with the matter, India is currently reviewing Bangladesh's request. Whether Sheikh Hasina is ultimately extradited will depend on the findings of India's courts as well as the broader diplomatic understanding reached between the two neighboring countries.