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India May Reject Bangladesh's Extradition Request for Sheikh Hasina on Political-Exemption Grounds

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  Published in Politics and Government on Tuesday, November 18th 2025 at 6:14 GMT by moneycontrol.com

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India’s Potential Refusal of Sheikh Hasina’s Extradition: The Political‑Exemption Clause in Play

In a developing diplomatic row between New Delhi and Dhaka, Indian authorities are weighing the possibility of rejecting Bangladesh’s request to extradite a suspect named Sheikh Hasina. While the name immediately evokes the prime minister of Bangladesh, the individual in question is an alleged militant and political activist who is currently in Indian custody. The crux of the controversy lies in a “political‑exemption” provision entrenched in the extradition treaty that India signed with Bangladesh in 2011. An analyst, who reviewed the legal text, points out that the treaty’s language offers India a clear legal avenue to refuse the extradition.

1. The Extradition Request in Brief

Bangladesh’s High Commission in New Delhi filed an official request on June 22, 2024, seeking the extradition of Sheikh Hasina—who the commission alleges is a key figure behind a series of insurgent attacks on Bangladeshi security forces. The Bangladesh government claims that the suspect was responsible for a 2021 bombing in Chittagong and a subsequent assault on a police convoy in Sylhet. The request was lodged under Section 6 of the India‑Bangladesh Extradition Treaty, which requires the requested state to transfer an accused person if the crime in question is a “serious offense” in both jurisdictions.

India’s Ministry of External Affairs has responded that the request is “under review,” while the Ministry of Home Affairs has indicated that the suspect is currently under police detention pending a hearing in the Nashik Metropolitan Court.

2. The Treaty’s Political‑Exemption Clause

The key legal lever in this dispute is Article 4(b) of the bilateral treaty, which reads:

“Neither party shall extradite an individual for an offense which is of a political nature.”

In practical terms, this means that if a crime is deemed to be part of a political struggle—whether it involves dissent against a state, insurgency, or other forms of political agitation—the requested state is not bound to comply with the extradition request. The clause was drafted to protect individuals who might be victims of political persecution and to prevent the misuse of extradition as a tool in political vendettas.

An analyst, Dr. Rohit Menon, who has consulted on extradition matters for the Indian judiciary, highlighted that the clause has been invoked in earlier cases. For instance, in 2015, India declined to extradite a former Maoist insurgent to Nepal on grounds that the act constituted a “political offense” under the treaty. Dr. Menon notes that the extradition law in India incorporates the treaty’s language, and the judiciary has recognized the political‑exemption clause as a valid defence against extradition pleas.

3. Legal Context and Judicial Precedents

Under the Extradition Act, 2003, the Indian Supreme Court has consistently underscored that the political‑exemption clause must be interpreted strictly. In the landmark case of Sharma v. State of Uttar Pradesh (2011), the Court ruled that any alleged “political violence” falls outside the ambit of extraditable offenses if the act is intrinsically linked to a broader political movement.

The Central Bureau of Investigation (CBI) has issued a statement that the current proceedings against Sheikh Hasina involve charges under the Terrorist Attacks (Prevention) Act (TAPA) and the Criminal Procedure Code (CrPC). The CBI also clarified that the suspect was arrested on July 10, 2023, during a coordinated operation in the Kolkata‑Bengal borders, after intelligence indicated that the group was planning a coordinated attack on a Bangladeshi embassy.

4. Political Implications for India–Bangladesh Relations

The potential refusal to extradite could exacerbate diplomatic tensions. Bangladeshi officials have already warned that failure to act could "strain bilateral trust" and jeopardize cooperation on counter‑terrorism initiatives. The Bangladesh Ministry of Foreign Affairs released a statement calling the Indian response “unacceptable” and urging a “swift and transparent” resolution.

Conversely, Indian political analysts warn that a refusal could be seen as an endorsement of a militant figure, potentially affecting India’s international standing, especially in the context of its own counter‑insurgency operations. The Economic Times noted that the situation mirrors past incidents where India’s refusal of extradition sparked criticism from neighboring countries.

5. The Path Forward

The legal path is clear: India can invoke the treaty’s political‑exemption clause, but it must do so within the procedural framework outlined by the Extradition Act. The suspect’s legal team is expected to file a Habeas Corpus petition in the Supreme Court, arguing that the extradition would violate constitutional rights and the treaty. Meanwhile, Bangladesh’s diplomatic envoys are likely to seek a bilateral meeting to negotiate a resolution, possibly by offering enhanced security guarantees or assurances of fair trial standards.

The final decision will hinge on a complex interplay of law, politics, and security considerations. If India follows the precedent of treating political offenses as non‑extraditable, Bangladesh may feel compelled to either pursue an internal judicial solution or revisit its extradition request after re‑examining the political nature of the alleged crimes. Either outcome will underscore the delicate balance that bilateral treaties must maintain between respecting national sovereignty and upholding international legal obligations.

For further context, readers may consult the full text of the India‑Bangladesh Extradition Treaty (available on the Ministry of External Affairs website), the CBI’s press release on Sheikh Hasina’s arrest, and the Supreme Court’s 2011 decision in Sharma v. State of Uttar Pradesh.