Cases are being filed against former Prime Minister Sheikh Hasina one after another, which has raised the question of bringing her back to Bangladesh from India for the sake of trial and investigation. In particular, this is an important issue in the current political climate. In this regard, interim government’s foreign affairs adviser Tohid Hossain mentioned in an interview with a London-based news agency on August 15 that if the law ministry decides, a formal request will be made to the Indian government to bring him back to Bangladesh.
The relationship between India and Bangladesh has always been important and complex. It is strategically and economically important for India to maintain good relations with Bangladesh. While India takes long-term interests into account when taking necessary decisions, the situation this time is particularly different. Sheikh Hasina, who is known to be a trusted ally of India, now has her interests under India’s consideration.
Bangladesh and India signed an extradition treaty in 2013, which stipulates that if a person is sued or charged, or found guilty, he or she will be sent back to his country of origin through the court.
Extradition offences include offences that carry a minimum sentence of one year in prison, as well as financial offences. However, the “double crime principle” must apply to extradition, i.e. the crime must be punishable under the laws of both countries.
The extradition treaty also mentions that if the offense of the person seeking repatriation is of a political nature, he will not be extradited. However, the manufacture of drugs or weapons, possession of them, kidnapping or taking someone hostage, abetment to murder, use of firearms to evade arrest, and other terrorism-related crimes are not considered political crimes under the treaty. All of these offences will be considered extraditionable.
In this situation, Sheikh Hasina can apply for political asylum in India, which may add a new dimension to Bangladesh-India relations later. This is a critical moment for India, where it will have to maintain its relations with its domestic allies with international diplomatic responsibilities.
