Bangladesh’s power to refuse extradition of Sheikh Hasina under the India‑Bangladesh treaty
Summary
- Article 6 of the India‑Bangladesh Extradition Treaty allows refusal if the offence is of a political character.
- Article 8 permits either country to reject extradition when the request is not made in "good faith" or "in the interest of justice".
- The treaty, signed in 2001 and effective from 2003, governs extradition of non‑political offences between the two neighbours.
- Extradition of a sitting Prime Minister would invoke the political‑offence exception, making the request unlikely to succeed.
- The clause reflects the balance between cooperation on crime and respect for sovereign political processes.
Key Facts
- · India‑Bangladesh Extradition Treaty signed in 2001, effective 2003.
- · Article 6 excludes political offences from extradition.
- · Article 8 allows refusal on grounds of lack of good faith or justice.
- · Both nations retain discretion to deny extradition requests.
- · Treaty covers crimes punishable by imprisonment of at least one year.
- · Sheikh Hasina is the incumbent Prime Minister of Bangladesh.
Why it matters
Understanding the treaty’s safeguards helps assess how India and Bangladesh handle politically sensitive cases, influencing bilateral security cooperation, diplomatic relations, and the legal framework for cross‑border crime.
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