Diplomatic Correspondent :
The Interim Government of Bangladesh has formally requested India to extradite former Prime Minister Sheikh Hasina to face multiple criminal charges, including culpable homicide, under the extradition treaty signed between the two nations.
Foreign Adviser Md Touhid Hossain confirmed on Monday that the request had been communicated to Indian authorities via diplomatic channels.
“We have informed the Indian government through a Note Verbal that we seek the return of Sheikh Hasina for judicial proceedings in Bangladesh,” he stated at a media briefing.
Indian Ministry of External Affairs Spokesperson Ranjit Jaiswal on Monday said India has acknowledged diplomatic note from Bangladesh seeking repatriation of former prime minister Sheikh Hasina.
Confirming the matter, Ranadhir Jaiswal said, “We have received a diplomatic letter on Monday from the Bangladesh High Commission concerning the extradition request for [Hasina]. However, at this moment, we have no further comments on the matter.”
Home Adviser Lt. Gen. (Retd) Jahangir Alam Chowdhury earlier stated that the Foreign Ministry was instructed to facilitate the process of Hasina’s extradition. Hasina fled to India on August 5 following a student-led mass uprising.
An arrest warrant was issued against Hasina by the International Crimes Tribunal (ICT) on October 17, accusing her of complicity in various criminal activities during the July-August crackdown that led to numerous casualties.
The Interim Government emphasized that Hasina is being sought strictly for judicial purposes.
Sources said that the Interim Government has expressed confidence of returning Hasina through smooth process in accordance with the existing extradition treaty between the two countries.
BNP Senior Joint Secretary General Ruhul Kabir Rizvi on Monday accused India of supporting autocrat Sheikh Hasina in carrying out enforced disappearances in Bangladesh.
The BNP leader alleged that M Ilias Ali, former organizing secretary of the BNP’s central executive committee and former president of the Sylhet district unit of the party, who has been missing for 12 years, might still be held in India.
Rizvi also accused India of involvement in other disappearances in Bangladesh, citing information from the Commission of Inquiry on Enforced Disappearances. He questioned whether missing individuals such as Ilias Ali, Chowdhury Alam, Saiful Islam Hiru, Zakir, and Suman might still be in India.
Rizvi made these remarks during a prayer gathering organized by Jatiyatabadi Muktijoddha Dal at the BNP’s Nayapaltan central office in Dhaka. The event was held to pray for the speedy recovery of former Prime Minister Khaleda Zia.
Expressing concerns about delays in holding the national election, Rizvi suggested that such delays could lead to comparisons between Sheikh Hasina’s administration and the interim government.
He criticized advisers who suggested there was no urgency for a fair election, pointing out that Sheikh Hasina has already extended her tenure for 15 years.
Further prolonging it, he warned, might prompt people to question what distinguishes her administration from that of the interim government.
The Chief Coordinator of Gono Songhoti Andolon Zonayed Saki stated that indiscriminate killings took place in the country during July and August. He emphasized that Sheikh Hasina must be brought back to the country and held accountable for these killings through legal proceedings.
This is the second time the extradition treaty signed between Bangladesh and India in 2013 and amended in 2016 is going to be used against Sheikh Hasina who herself signed the treaty during her tenure.
The treaty was first used to extradite ULFA leader Anup Chetia to India. He was arrested from Mohammadpur on December 21, 1997 for trespassing and was handed over after 18 years though the treaty was signed on January 28, 2013.
He sought political asylum thrice to the government of Bangladesh in 2004, 2008 and 2011, but was rejected.
Finally, he was handed over after 18 years on 11 November 2015, following a persistent demand of Indian government. Indian Prime Minister Narendra Modi and National Security Adviser AK Doval played major role in this regard.
On the day of handing over Anup Chetia, Narendra Modi talked to the then PM Sheikh Hasina and “wished her Diwali and thanked her for the help in fighting terrorism.”
In reverse, under the same treaty acting as ‘boomerang’, India has now been requested to extradite Sheikh Hasina who is facing criminal charges for the crackdown on July-August upsurge, leading to numerous deaths and injuries.
According to Article 6 (1) of the treaty, “extradition may be refused if the offence for which it is requested is an offence of a political character.”
However, Article 6 (2) also specifies that certain offences, such as murder, ‘shall not be regarded as offences of a political character” for the purposes of the treaty.
The treaty excludes certain offences from being considered political, including murder, manslaughter, terrorism, kidnapping, and serious assaults.
It also covers possession or use of firearms and explosives intended to endanger life, as well as related attempts, conspiracies, or accomplice actions.
Article 8 of the treaty mentions the grounds for refusal of extradition if : “the accusation against him not having been made in good faith in the interests of justice.
Article 10 mentions the extradition procedures stating: Extradition requests must be made through diplomatic channels with details identifying the person, facts of the offence, and relevant laws.
For accused persons, an arrest warrant and supporting evidence are required. Convicted individuals require proof of conviction, sentence details, and confirmation of no further appeals.
However, Article 10 (5) mentions: “If the Requested State considers that the evidence or information supplied for the purposes of this Treaty is not sufficient in order to enable a decision to be taken as to the request, additional evidence or information shall be submitted within such time as Requested Stated shall require.”
In recent months the Interim Government headed by Muhammad Yunus spoke several times about seeking Hasina’s extradition to face criminal charges.
The bilateral relation is currently at the ebb since the interim government assumed power on August 8.
The Indian side has repeatedly expressed concern at the persecution of Hindus and other minorities in Bangladesh and asked the interim government to ensure their rights.
On the other hand, the interim government has brushed aside such baseless misinformation and urged Indian media to visit Bangladesh to see the ground reality and stop the smear campaign of propaganda.
