Future of Mrs. Sheikh Hasina (Former PM of Bangladesh) Will she go for Appeal or her Extradition shall be permitted by India?

About Sheikh Hasina

● Sheikh Hasina Wazed was born on September 28, 1947 in Tungipara, East Bengal (now Bangladesh). She is the daughter of Sheikh Mujibur Rahman, the founding father and first president of Bangladesh.

● Hasina served as the Prime Minister of Bangladesh for multiple terms: first from 199G to 2001, then four consecutive terms from 2009 to 2024, making her the longest serving Prime Minister in Bangladesh’s history as well as the longest serving female head of government globally.

● During her first term, she became the first prime minister since independence to complete a full five year term.

● She established the International Crimes Tribunal to prosecute suspects involved in the 1971 Bangladesh Liberation War genocide.

● In 2024, following mass protests and political unrest, she resigned and fled the country.

Current Scenario

● Bangladesh insists that under the 2013 India-Bangladesh Extradition Treaty, India has an “obligatory responsibility” to extradite Sheikh Hasina back to Bangladesh as she has been sentenced for “crimes against humanity.”

● The Extradition treaty includes key exceptions, notably Article 6(1) and Article 8(3), which allow India to refuse extradition if the alleged offense is deemed to be of a “political character” or if the request is not made in good faith or is politically motivated. Since Hasina was ousted by a political uprising and the current government in Bangladesh is an interim arrangement led by a political adversary, India may argue the charges are politically driven.

● India’s domestic law, the Extradition Act 1962, also empowers the government to reject extradition requests under similar political and justice based grounds.

● Sheikh Hasina has openly rejected the legitimacy of the tribunal and death sentence, calling it rigged, politically motivated and presided over by an unelected Government.

● Sheikh Hasina has expressed that her return to Bangladesh depends on certain political conditions, including the restoration of “participatory democracy,” lifting the ban on her party (Awami League), and the conduct of free, fair, and inclusive elections.

What option Mrs. Hasina has after Death Sentence?

● Despite the death sentence and multiple warrants against her, she still has the legal right to appeal the conviction in the Supreme Court of Bangladesh.

● Sheikh Hasina has stated her intention to take her case to the International Criminal Court (ICC) situated at The Hague, Netherlands. However, the ICC can only accept and process her case if the government of Bangladesh or the UN Security Council grants permission for the Court to investigate.

● Sheikh Hasina is expected to seek legal appeals against the tribunal’s verdict and continue to remain in India under protection of the Indian Government, while her extradition remains unlikely given the political nature of the charges and the provisions in the extradition treaty and Indian law.