No legal leeway for Hasina
Bangladesh’s efforts to secure the extradition of deposed prime minister Sheikh Hasina from India have hit a fresh diplomatic hurdle, as Dhaka insists that the matter must be handled strictly under the existing extradition treaty.
The government has made it clear that it cannot accommodate any reported Indian proposal to guarantee Hasina an opportunity to appeal against her death sentence or face a fresh trial, as the country’s existing legal framework does not permit such concessions.
The position has added another layer of uncertainty to efforts by Dhaka and New Delhi to restore normal bilateral relations, with the two sides yet to agree on arrangements for her return.
Law Minister Md Asaduzzaman said on Saturday that there was no legal provision to condone a delay in filing an appeal against Hasina’s death sentence in the crimes against humanity case.
The special law governing the proceedings contained no such provision, he said, adding that Article 47(3) of the Constitution barred anyone accused or convicted of crimes against humanity from claiming fundamental rights.
Speaking to reporters after an event at the Bangladesh-China Friendship Conference Centre in Dhaka, he said the government had completed all legal formalities required to secure Hasina’s return from India.
“We have done everything required of us under the legal process.
What they [India] do next is up to them,” he said, adding that extradition under the bilateral treaty would itself constitute a legal process.
The issue gained renewed attention after BBC Bangla reported, citing officials in New Delhi, that India had indicated two possible conditions for facilitating Hasina’s return.
Hasina arrived in India on 5 August 2024 aboard a Bangladesh military aircraft after leaving office amid a mass uprising. According to the report, India expected Bangladesh’s Army to take responsibility for bringing her back, either by sending an aircraft to Delhi or receiving her at a designated point along the land border.
The second reported condition was that Dhaka guarantee Hasina an opportunity to appeal against her death sentence and arrange a fresh trial over the killings. However, India has not officially confirmed these reported conditions.
Asked about the reports at a media briefing in New Delhi on Friday, Indian Ministry of External Affairs spokesperson Randhir Jaiswal declined to comment on the alleged arrangements.
“Extradition is a legal matter, and it will be dealt with accordingly,” he said, clarifying that his remarks referred to the extradition process rather than the reported aircraft or trial-related requirements.
Meanwhile, the Bangladesh High Commission in New Delhi received an email on 9 November from Matrix Chambers, a London-based law firm, seeking a new passport and national identity card for Hasina. The firm claimed to be acting on her behalf and argued that her Bangladeshi nationality entitled her to the documents.
The mission forwarded the request to Dhaka for instructions, but officials questioned its authorisation as no documents establishing the lawyers’ authority to represent Hasina were attached. Her existing passport and national identity card were revoked during the interim government’s tenure.
BNP Acting Secretary General Ruhul Kabir Rizvi said on Saturday that Hasina would be dealt with under the 1973 legal and constitutional framework. Describing her as a fugitive convicted of crimes against humanity, he said she must face the sentences and cases against her.
“The fugitive Awami League leader Sheikh Hasina has no legal scope to obtain a passport,” he added.
The diplomatic strain has also led to the postponement of the fifth consular dialogue, scheduled for 17 and 18 November in Dhaka. The talks were expected to cover visa facilitation, revised travel arrangements, border management, repatriation of detained nationals and fishermen, and mutual legal assistance.
Bangladesh mission’s Press Minister Saidur Rahman said Dhaka had proposed rescheduling the dialogue for the end of November, while India said the meeting would take place on a mutually convenient date.
At Friday’s briefing, Jaiswal reiterated India’s desire for a “positive, constructive and forward-looking relationship” with Bangladesh and expressed readiness to discuss bilateral issues through existing mechanisms, including at the technical level. He cited engagement on trade, railways, water resources and border management. Established in 2017, the consular dialogue has held four rounds, the latest in New Delhi in May 2024.
Meanwhile, India has been seeking an official visit to New Delhi by Prime Minister Tarique Rahman since he assumed office. He has visited Malaysia and China in June, attended the United Nations General Assembly in the United States in September, travelled to Japan in October and visited Türkiye this month for the COP31 World Leaders’ Summit.
Sources said the Hasina issue had emerged as another stumbling block to arranging his India visit.
Indian High Commissioner to Bangladesh Dinesh Trevedi has repeatedly emphasised the need for dialogue and engagement to restore bilateral ties. However, diplomatic observers believe the unresolved issue of Hasina’s return remains a major impediment to normalising relations between Dhaka and New Delhi.