The interim government of Bangladesh has written a letter to India demanding the return of Sheikh Hasina. Bangladesh has said that the government wants Sheikh Hasina to be brought back from India for judicial process. This is not the first time that a demand has been raised from Bangladesh for the return of Sheikh Hasina. However, this is the first time that Bangladesh has formally written a letter demanding extradition.
In such a situation the question arises whether India is forced to send Sheikh Hasina back to Bangladesh? What is the extradition treaty between India and Bangladesh? And can an extradition treaty between any two countries be broken? Let us know…
Extradition Treaty between India and Bangladesh
There is an extradition treaty between India and Bangladesh since 2013. Under this treaty, both the countries cannot give shelter to each other’s criminals and have to hand them back such criminals. According to the extradition treaty between India and Bangladesh, if a person has been sentenced to at least one year for a crime, he will be extradited. Under Article 10(3) of the treaty, the country seeking extradition has to present an arrest warrant to the other country, for this it is not necessary to prove the charges. However, before 2016, the country seeking extradition had to present evidence, but this rule was abolished to simplify the extradition process.
When -When did the extradition happen?
- Two convicts involved in the assassination of Sheikh Mujibur Rahman in 1975 were extradited to Bangladesh in 2020 for death sentence.
- Anup Chetia, general secretary of the banned United Liberation Front of Assam (ULFA), was also extradited to India from Bangladesh.
Can India refuse extradition?
According to the extradition treaty between India and Bangladesh, if the person is a political criminal then extradition can also be refused. That is, if the person can convince the country granting asylum that his extradition is being sought due to political malice and sending him back poses a threat to the person’s life, then in such a situation extradition can be refused.
Can the treaty be broken
There is a provision in the India-Bangladesh extradition treaty that if both the countries or any one party wishes, they can break the treaty. Article 21(3) of the treaty allows both countries to terminate the treaty. However, doing so may affect the political relations between India and Bangladesh.
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