India's Decision on Sheikh Hasina Extradition: Treaty, Politics, and Dual Criminality

Sheikh Hasina's Conviction and Extradition Request

• 🇧🇩 Sheikh Hasina, former leader of Bangladesh's Awami League, was ousted in 2024 following mass student protests and subsequently sentenced to death in absentia by the International Crimes Tribunal (ICT) on November 17, 2025.
• ⚖️ The charges included incitement, ordering killings, and failing to prevent atrocities, with the tribunal finding her guilty on three counts.
• 🇮🇳 Bangladesh's interim government has formally requested India to extradite Hasina, citing a bilateral extradition treaty and labeling her presence in India as an unfriendly act.

Legal Basis for Extradition: The Treaty and Dual Criminality

• 📜 The extradition request is based on the bilateral extradition treaty between India and Bangladesh, signed in 2013 and amended in 2016.
• ⚖️ A key principle is dual criminality, meaning the offense must be punishable in both countries.
• 📌 Bangladesh's request meets procedural conditions, as an arrest warrant has been issued following the conviction.

Grounds for Refusal and India's Discretion

• ⚠️ India's extradition act and the treaty allow for refusal if the offense is political in nature, if the person risks an unfair trial, or if the request is not made in good faith.
• ⚖️ The nature of the charges,