Bangladesh's interim government has stepped up pressure on India, demanding the immediate extradition of deposed Prime Minister Sheikh Hasina and her former home minister, Asaduzzaman Khan Kamal. The call comes just hours after a special tribunal sentenced the two to death in absentia for“crimes against humanity” during last year's student-led uprising.

“We urge the Indian government to immediately hand over these two convicted individuals to the Bangladeshi authorities,” the Foreign Ministry said in a statement, reported by the state-run BSS news agency.

According to Dhaka, India has a compulsory legal responsibility under the bilateral extradition treaty between the two countries. The ministry warned that providing shelter to individuals convicted of crimes against humanity would be“an unfriendly act and a disregard for justice.”

A Death Sentence in Absentia

The International Crimes Tribunal-Bangladesh (ICT-BD) delivered its harshest judgment against a former leader, sentencing Sheikh Hasina and Asaduzzaman Khan to death in absentia. The tribunal cited their alleged responsibility for crimes against humanity during the student uprising of 2024.

Hasina, 78, has been living in India since fleeing Bangladesh on August 5, 2024, in the face of massive protests. She was earlier declared a fugitive by the tribunal, and Khan is also believed to be in India.

Legal Adviser Asif Nazrul said that the interim government will write a letter to India again to extradite Hasina. 

"If India continues to shelter this mass murderer, then India must understand that it is an act of hostility...," Nazrul was quoted as saying by the Bangla-language daily Prothom Alo.

Nazrul also described the death sentence to Hasina as the "greatest event of establishing justice on the soil of Bangladesh."

"I am not surprised (by the verdict). Given the fresh, irrefutable and strong evidence of crimes against humanity committed by Hasina and her associates, they should be given the maximum punishment if tried in any court in the world," he added.

Political Echoes: Parties Demand Action

The ruling verdict has sparked reactions across the political spectrum in Bangladesh.

Former Premier Khaleda Zia's Bangladesh Nationalist Party criticised India for offering refuge to Hasina, calling it“very unfortunate.” Ruhul Kabir Rizvi, BNP Senior Joint Secretary General, said,“India has given shelter to a fugitive criminal. But the country is giving her the chance to do sabotage against Bangladesh, and this is not a lawful behaviour from India.”

Right-wing Jamaat-e-Islami also demanded extradition.“If one claims to behave as a good neighbour, if one aspires to maintain friendly relations, this is their foremost responsibility,” Jamaat Secretary General Mia Golam Porwar said.

National Citizen Party Member-Secretary Akhter Hossain echoed the sentiment, describing the verdict as“appropriate justice” and urging India not to provide Hasina with refuge.

Bangladesh's Extradition Request

The request to extradite Hasina is not new. In December 2024, Dhaka submitted a formal request after Hasina fled to India. Despite repeated follow-ups, India has yet to act.

Touhid Hossain, Bangladesh's Foreign Affairs Advisor, told reporters in July this year,“We sent a note verbale to the Indian government saying that the Bangladesh government wants [Hasina] back here for judicial process.”

Nobel laureate Muhammad Yunus, head of Bangladesh's interim government, had also urged India to act with“conscience and moral clarity,” pointing to her criticism of his administration.

The Legal Tightrope: Understanding the Extradition Treaty

At the heart of the diplomatic standoff lies the 2013 India-Bangladesh Extradition Treaty, which governs the surrender of fugitives between the two nations. While the treaty obliges India to hand over individuals formally requested by Bangladesh, it also lays out multiple safeguards that give New Delhi room for discretion, especially in politically sensitive cases.

The treaty's Article 6, often called the Political Offence Exception, allows a requested country to refuse extradition if the alleged crime is deemed political. Hasina and her supporters have repeatedly argued that the charges against her-stemming from her handling of the 2024 student protests-fall under this category, framing her prosecution as politically motivated.

Yet the treaty does not consider certain serious crimes as political offences. Murder, manslaughter, culpable homicide, enforced disappearance, and torture are explicitly excluded from political protection. In Bangladesh's view, Hasina's conviction for crimes against humanity-including acts that allegedly led to mass deaths and suffering-falls squarely in this exception.

Provisions for refusal as per treaty:

• Extradition may be refused if the offence is of a“political nature.”
• Some crimes, such as murder, enforced disappearance, and torture, are excluded from being categorised as political offences under the treaty.
• Grounds for refusal also include accusations not made“in good faith in the interests of justice” or military offences not considered general criminal law violations.

Article 8 further expands the grounds on which extradition can be refused. Extradition may be denied if:

• The accusation has not been made in good faith, in the interest of justice.
• The alleged offence is a military crime not recognized under general criminal law.

In other words, India has the legal authority to scrutinize the legitimacy of Bangladesh's claims, the fairness of its judicial process, and whether returning Hasina could expose her to risk of persecution or mistreatment.

India's Delicate Position

India has so far responded cautiously. The Ministry of External Affairs (MEA) said it remains committed to“the best interests of the people of Bangladesh” and will continue to engage constructively with all stakeholders.

"India has noted the verdict announced by the 'International Crimes Tribunal of Bangladesh' concerning former prime minister Sheikh Hasina," the MEA said.

"As a close neighbour, India remains committed to the best interests of the people of Bangladesh, including in peace, democracy, inclusion and stability in that country," it said.

"We will always engage constructively with all stakeholders to that end," the MEA added.

External Affairs Minister S. Jaishankar had noted last year that Hasina came to India“for the moment” on short notice. Over a year later, she remains in India, with no official indication of her departure.

MEA spokesperson Randhir Jaiswal confirmed receipt of Bangladesh's extradition request last December but refrained from elaborating further.“At this time, we have no comment to offer on this matter,” he had said.

Experts Weigh In

Bangladesh affairs observer Gautam Lahiri told Asianet Newsable English,“The International Crime Tribunal gave verdict against Sheikh Hasina of death penalty but it will have no impact on her extradition demand because India and Bangladesh have extradition treaty which says if a person is given death penalty or he or she be killed or likely to be killed then there is no chance of handing her over to them.”

“Also, India is not a signatory to the International Crime Tribunal so that's why India doesn't recognise any verdict or so of ICT,” Lahiri added.

South Asia specialist Sreeradha Datta of Jindal Global University believes India will not extradite Hasina. 

“Under no circumstances is India going to extradite her. We saw in the last year and a half that relationships between India and Bangladesh are not at their best, and have been fragile at many occasions,” she was quoted as saying by Al Jazeera.

What Lies Ahead

Sheikh Hasina's future now rests squarely in New Delhi's hands. India has several legal and diplomatic options:

• Accept the extradition request, if satisfied the Bangladeshi judicial process meets accepted standards.
• Refuse on legal grounds, citing risks of persecution or denial of due process.
• Delay a decision, seeking diplomatic assurances from Dhaka regarding fair treatment, security, and adherence to international norms.

Given reports of violence and mistreatment in Bangladeshi courts, including assaults on former ministers and advisors, India faces a high-stakes decision.

For Hasina, who remains in India over a year after fleeing Bangladesh, the outcome will depend not only on legal interpretations but also on a complex mix of diplomacy, human-rights considerations, and political calculations.

The world watches closely as a historic verdict collides with realpolitik, leaving Bangladesh's most prominent political exile caught between justice in Dhaka and sanctuary in New Delhi.

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