India-Bangladesh Extradition Treaty

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.

• 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.