The Indian Express report said that the request made by Prime Minister Tarique Rahman's government to India to send Sheikh Hasina back to Bangladesh will have to go through India's court process.
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India's courts to decide on Hasina's extradition: The Indian Express
A senior Indian government official told The Indian Express that the final decision on Sheikh Hasina's extradition will not be taken politically or diplomatically. India's courts will decide on the matter. The court process will mainly examine whether the crimes alleged against Sheikh Hasina by Bangladesh are also offences under Indian law.
Another Indian official said that Bangladesh's request to send Sheikh Hasina back cannot be viewed separately from the current diplomatic talks between Dhaka and New Delhi. Discussions are ongoing between the two countries on the matter.
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Earlier, at a press briefing, the spokesperson of India's Ministry of External Affairs said about Prime Minister Tarique Rahman's request regarding extradition that the matter was being examined according to established rules.
Officials of India's Ministry of External Affairs have said that along with Bangladesh's request seeking Sheikh Hasina's return, the necessary legal documents were also provided in line with the extradition treaty signed between the two countries in 2013.
Sheikh Hasina has been staying in India since the mass uprising in Bangladesh in August 2024. The report mentioned that for the past two years she has been living with security and shelter at a secret location in New Delhi.
In a virtual press conference from New Delhi on August 5, Sheikh Hasina expressed her firm position about returning home. Several current and former Awami League MPs claim that even while in India, Sheikh Hasina remains in contact with party activists and sometimes holds direct meetings with party leaders. According to them, the 78-year-old Sheikh Hasina is planning to return to Dhaka at the end of the year.
Bangladesh is mainly using the death sentence verdict given by the International Crimes Tribunal in November 2025 as the basis for seeking Sheikh Hasina's return. In that verdict, Sheikh Hasina was convicted of crimes against humanity. However, Awami League leaders say that if the extradition-related legal process begins in India, that verdict will be challenged on various grounds. One of their key arguments will be that the verdict was delivered during Bangladesh's interim government, when Muhammad Yunus was in charge as head of government.
India and Bangladesh signed an extradition treaty in 2013. The treaty mentions the responsibility of the two countries to hand over a person if he is accused of an offence, convicted, or needed to execute a sentence given by a court. However, there is also a provision not to allow extradition in the case of offences of a political nature. At the same time, the treaty states that 12 types of crimes, including murder, killings, assault, use of firearms, and incitement to murder, will not be considered political offences.
In addition, India's Extradition Act of 1962 also mentions the legal process for returning an accused person who has fled abroad. According to the law, after receiving an extradition request, the relevant authorities can examine the matter and a magistrate may be assigned to conduct an inquiry. If the inquiry finds a prima facie basis for the allegations, the magistrate can recommend extradition. On the other hand, if there is not enough evidence initially in support of the allegations, there is also provision to release the person.
The Indian Express said that therefore the matter of sending Sheikh Hasina back to Bangladesh is now not limited only to a diplomatic decision by the governments of the two countries; India's legal and judicial process will also play an important role in this regard.