Can B’desh expect India to extradite Hasina?

BANGLADESH’S interim government has cited the India—Bangladesh Extradition Treaty (2013) to request the return of former Prime Minister Sheikh Hasina after an arrest warrant was issued by the International Crimes Tribunal (ICT) for “crimes against humanity”.

- JAYANTH JACOB @New Delhi

Let’s break down the intricate treaty provisions and India’s domestic law.

When an extradition request is valid under Articles 1 & 2?

The treaty states that a request can only be made if the individual has been charged, accused, or convicted of an extraditable offence. In Hasina’s case, the ICT has issued an arrest warrant in connection with “crimes against humanity” Legally, this satisfies the minimum procedural condition required for Dhaka to transmit an extradition request. However, Articles 1 and 2 also hinge on dual criminality. This means the alleged offence must be punishable under the domestic laws of both countries. While “crimes against humanity” is recognised under Bangladesh’s do-

mestic war-crimes framework, India interprets such charges differently, and typically in the context of international tribunals. This opens a space where India could argue that the charged offence does not fit the definition required for extradition under its legal system.