Mahmud Mir
Bangladesh is working diplomatically with India to retry former prime minister Sheik Hasina, who was overthrown in the coup in July.
Discussions concerning Prime Minister Tarique Rahman’s potential travel to India are also heavily influenced by the extradition of Sheik Hasina.
Top Indian government officials, however, have stated that the Indian judiciary must hear such a plea and make a decision.
However, officials stated that in-depth talks are taking place between Delhi and Dhaka to abandon the “maximalist” strategy of attempting to fulfill all of their demands and aims at once without making any concessions or compromises.
Amidst Dhaka’s stance, the country’s leading media outlet The Indian Express has published new information about India’s position on sending Sheikh Hasina back.
The media source asserted in a report released on Sunday, August 16, that the Bangladeshi judiciary and legal system, rather than the Indian government, may make the final decision about Sheik Hasina’s return.
The Indian Express was informed by a senior Indian official that Sheik Hasina’s extradition will ultimately be resolved by the legal system. It won’t be interpreted as a direct diplomatic or political choice.
A top Indian official told the Indian Express, on condition of anonymity, “The decision on extradition will ultimately be taken by our courts; it will not be a political or diplomatic decision. And what will have to be established in the court process is whether the crimes that she is accused of committing are also classified as crimes under Indian law.”
Another Indian official said that Sheikh Hasina herself has announced her plan to return to Bangladesh in December this year. However, there is no scope to separate her extradition request from the overall diplomatic relations between Dhaka and Delhi. It has also been mentioned that discussions are underway between the two countries on this issue.
Earlier, a spokesperson for the Indian Ministry of External Affairs said that the matter is being examined as per the prescribed procedure regarding Bangladesh’s request to send Sheikh Hasina back. New Delhi also said that it will be informed if any new information is available in this regard.
The Indian Express, citing officials from the Indian Ministry of External Affairs, reported that Bangladesh has requested to send Sheikh Hasina back, along with the necessary legal documents, under the 2013 Bangladesh-India Extradition Agreement.
According to the extradition agreement signed between Bangladesh and India in 2013, there is a provision for the extradition of an accused, convicted person, or a person required for the execution of a court sentence from one country to another if certain conditions are met.
The agreement mentions the role of the judicial authorities of the concerned country in the case of extraditable crimes.
However, Article 6 of the agreement provides for the possibility of not extraditing in the case of crimes of a political nature. At the same time, there is a provision not to consider some crimes, including murder, involuntary manslaughter, assault, use of firearms, and incitement to murder, as political crimes.
The provisions of India’s Extradition Act of 1962 may also be relevant in the case of Sheikh Hasina’s extradition. The Act sets out various aspects of the extradition process for fugitives.
The Consular, Passport, and Visa (CPV) Department of the Ministry of External Affairs of India acts as the nodal authority for extradition matters. If an extradition request is found to be admissible under any treaty or arrangement, an inquiry magistrate can be appointed to investigate the matter.
If the magistrate, after investigation, feels that there is a prima facie case for extradition, he can recommend extradition. On the other hand, if there is not sufficient prima facie basis for the charges, the accused can be released.
All in all, Sheikh Hasina’s extradition is not just a matter of political discussions between Dhaka and Delhi; India’s existing extradition treaty and the country’s laws and judicial processes can also play an important role in this.
