India Courts Will Decide Extradition Of Hasina, Talks On To Change Course, Pg1

Key Highlights:

• The Tarique Rahman government of Bangladesh has reiterated its request for the extradition of former Prime Minister Sheikh Hasina from India.
• Indian officials stated that the decision on extradition rests with Indian courts, not political or diplomatic bodies.
• Sheikh Hasina, currently in unofficial asylum in New Delhi since the August 2024 mass uprising, plans to return to Bangladesh in December 2026.
• Bangladesh's request is based on a death sentence issued by the International Crimes Tribunal (ICT) in November 2025 for "crimes against humanity".
• The extradition request is being examined by India's Ministry of External Affairs (MEA) under the provisions of the 2013 extradition pact between India and Bangladesh.

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Detailed Insights:

• India maintains that for extradition, the alleged crimes must also be recognized under Indian law, a principle known as dual criminality.
• The 2013 extradition pact between India and Bangladesh outlines obligations for the return of individuals found guilty or wanted for judicially pronounced penalties.
• Article 6 of the pact specifies that offenses of a "political character" are generally not entertained, but lists specific serious crimes that are not considered political.
• India's Extradition Act, 1962, governs the process, with the CPV (Consular, Passport and Visa) division as the nodal office.
• An inquiry magistrate under the Extradition Act, 1962, determines if a prima facie case for surrender is made out before recommending extradition.
• Sheikh Hasina and her party, the Awami League, plan to challenge the ICT verdict if extradition proceedings commence, citing its delivery during an interim government.

Key Concepts Involved:

• Extradition: The formal process by which a state surrenders an individual to another state for prosecution or punishment for crimes committed.
• Dual Criminality: A principle in extradition law requiring that the offense for which extradition is sought must be a crime in both the requesting and requested states.
• Extradition Act, 1962: The primary Indian legislation that governs the extradition of fugitive criminals from India to foreign countries.