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The ultimate decision on extraditing ousted former prime minister Sheikh Hasina to Bangladesh rests with the Indian judiciary, according to senior official sources in New Delhi, even as diplomatic and bilateral discussions between Dhaka and New Delhi continue behind the scenes.
A senior Indian official noted that the extradition request will not be resolved through political or executive discretion alone, stressing that the case must navigate Indian judicial review. The court will examine the legal merits and determine whether the offences cited by Bangladesh constitute extraditable crimes under Indian law, satisfying the principle of dual criminality.
According to a report by The Indian Express, Dhaka has submitted an official extradition dossier to New Delhi, complete with relevant legal records cited under the 2013 India-Bangladesh Extradition Treaty. Earlier, the official spokesperson for India's Ministry of External Affairs confirmed that the extradition dossier is being reviewed in line with established legal protocols.
Sheikh Hasina has been residing in India since the mass uprising of August 2024. According to current and former Awami League lawmakers, she continues to maintain communication with party leaders from an undisclosed location in New Delhi. On August 5, during a virtual press briefing, she expressed her intention to return to Bangladesh in December, describing it as the nation's month of victory.
In Bangladesh, the International Crimes Tribunal (ICT) sentenced Sheikh Hasina to death in November 2025 after convicting her of crimes against humanity, providing the primary legal basis for Dhaka's extradition request. However, Awami League leadership suggests that any formal extradition proceedings in Indian courts will face legal challenges, particularly arguing that the verdict was delivered during the tenure of the previous interim administration.
Under the 2013 bilateral extradition treaty, individuals convicted or accused of serious offences are subject to handover. While the treaty contains exceptions for offences of a political nature, it explicitly excludes murder, assault, use of firearms, and incitement to murder from being classified as political crimes. Furthermore, under India’s Extradition Act of 1962, the central government may assign an inquiry magistrate to evaluate whether a prima facie case exists before authorizing an extradition or ordering the individual's release.
https://thedailyexpress.news/news/national/1f1992f5-de0c-6400-9624-b4f5dadb6efd