Over four months after former Bangladesh Prime Minister Sheikh Hasina fled to India following massive protests that toppled her 16-year-old regime, Dhaka has officially requested her extradition.
Charges Against Sheikh Hasina
- Dhaka’s diplomatic note highlights multiple serious charges against Hasina, complicating any potential claim for political asylum in India.
- Accused of murder: Allegedly responsible for the killing of a grocery store owner in a police firing incident.
- Enforced disappearance: Implicated in the 2015 kidnapping of a lawyer.
- Genocide and torture: Charged in a separate case involving murder, torture, and genocide.
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About Extradition Treaty Between India and Bangladesh
- The Extraction treaty was introduced to address concerns about Indian insurgents, particularly from the North East, hiding in Bangladesh, and Bangladeshi militants taking refuge in India.
- Timeline: The treaty was signed in 2013 and amended in 2016 to streamline the process of exchanging fugitives.
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Extradition Treaties: International agreements between countries that establish procedures for the transfer of individuals accused or convicted of crimes back to the country where the alleged offenses occurred.
Key Provisions Usually include:
- List of Extradition Offenses: Crimes for which extradition can be requested (e.g., murder, terrorism, drug trafficking).
- Exceptions: Circumstances under which extradition may be denied (e.g., political offenses, risk of torture).
- Due Process: Safeguards for the rights of the requested person.
India and Extradition: India is a party to several bilateral and multilateral extradition treaties.
legislation: The Extradition Act 1962 provides India’s legislative basis for extradition.
Nodal authority for Extradition in India: Ministry of External Affairs
- Condition: An Extradition request for an accused can be initiated in the case of under-investigation, under-trial and convicted criminals.
- Notable Treaties: India has extradition treaties with many countries, including the United States, the United Kingdom, and several other nations.
- Factors Considered: Indian courts carefully examine extradition requests, considering factors like the nature of the offense, the evidence presented, and the potential for human rights violations in the requesting country.
- Notable Extradition Cases Involving India:
- The Vijay Mallya and Nirav Modi cases exemplify the complexities of international extradition, involving allegations of financial fraud, legal battles, and political considerations
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- Key Provisions of the treaty:
- Extraditable Individuals: Those charged with, found guilty of, or wanted for committing an extraditable offence in the requesting country.
- Definition of Extraditable Offence: Crimes carrying a minimum punishment of one year imprisonment, including financial crimes.
- Dual Criminality: The offence must be punishable in both India and Bangladesh to qualify for extradition.
- Scope of Extradition: Covers attempts to commit, aiding, abetting, inciting, or participating as an accomplice in an extraditable offence.
- 2016 Treaty Amendment: Removed the requirement for evidence of the alleged crime in extradition cases. Only an arrest warrant from a competent court in the requesting country is needed for extradition.
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Exceptions to the Rules
- Grounds for Refusal: Extradition can be denied if the offence is political in nature.
- Non-Political Offences: Certain crimes are explicitly excluded from being classified as political, including:
- Murder, manslaughter, assault.
- Explosions or possession of explosives or weapons with intent to endanger life.
- Use of firearms to resist arrest.
- Property damage with intent to endanger life.
- Kidnapping, hostage-taking, incitement to murder, and terrorism-related offences.
- Additional Exceptions: If the accusation was not made in good faith or in the interests of justice.
- Military offences that are not crimes under general criminal law are excluded.
Additional Reading: Extradition
December 24, 2024
