Sheikh Hasina's Extradition: India Says Courts Will Decide As Dhaka Presses For Her Return

India and Bangladesh are engaged in delicate diplomatic discussions over the extradition of ousted Bangladesh Prime Minister Sheikh Hasina, with New Delhi maintaining that any decision will ultimately rest with the Indian judiciary.

As the Tarique Rahman government reiterates its request for Hasina’s extradition, top Indian government officials told The Indian Express that such requests have to be considered through the country’s judicial process. At the same time, officials indicated that intense discussions are underway with Dhaka to move away from what they described as a maximalist position.

“The decision to extradite will be finally taken by our courts, it will not be a political or diplomatic decision,” a top official mentioned. The official added that the court process would have to establish whether the alleged crimes were also categorised as crimes under Indian law.

Another official said Hasina had herself stated that she planned to return to Bangladesh in December this year. Asked about her return during a press conference on August 5, she referred to the 1971 Bangladesh Liberation War and said, “December is our victory month, so I want to go back in the month of December.”

Hasina faces a death sentence in Bangladesh, while her Awami League party has been banned.

The extradition request, the official said, cannot be separated from the ongoing diplomatic exchanges between New Delhi and Dhaka.

Responding to a question about Prime Minister Tarique Rahman’s request for Hasina’s extradition, the Ministry of External Affairs (MEA) had earlier said, “We are examining the matter in accordance with our established procedures, and whenever I have any update to share, I will inform you…”

MEA officials told The Indian Express that Bangladesh’s extradition request was accompanied by the required legal documents under the provisions of the 2013 extradition pact between the two countries.

For the past two years, following the August 2024 mass uprising in Dhaka, Hasina has been given refuge and protection at an undisclosed location in New Delhi. On August 5, she held a virtual press conference in the capital and said she was “determined to return home”.

Members and former Members of Parliament of the ousted Awami League have said that Hasina has remained in contact with party cadres in Bangladesh, occasionally held in-person consultations and regularly played table tennis. The 78-year-old leader, they said, was proposing to return to Dhaka towards the end of the year.

Extradition Request And Legal Process

Dhaka has been pressing for Hasina’s extradition, citing the death penalty verdict delivered by Bangladesh’s International Crimes Tribunal (ICT) in November 2025, where she was convicted of “crimes against humanity”.

Awami League members have said that if extradition proceedings begin in an Indian court, the ICT verdict would be challenged on several grounds, including the fact that it was delivered during the tenure of Bangladesh’s interim government, headed by Muhammad Yunus.

India and Bangladesh signed an extradition pact in 2013. The treaty envisages an “obligation” to return individuals charged with, found guilty of, or wanted to serve a “judicially pronounced penalty”. It also states that extraditable offences would be dealt with by the judicial authority of the other contracting state.

The treaty excludes offences of a “political character”, while listing 12 offences, including murder, manslaughter, assault, use of firearms and incitement to murder, which would not be considered political offences.

India’s Extradition Act, 1962, also sets out the process for extradition requests. The CPV (Consular, Passport and Visa) division is the nodal office for extradition matters, while an inquiry magistrate may be appointed to examine the case.

The Act provides that if the magistrate considers it a fit case for surrender, a recommendation for extradition may be made. If a prima facie case is not established, the fugitive may be discharged.

The BRICS Invitation

India is preparing to host the 18th BRICS Summit in New Delhi on September 12-13, 2026, marking its fourth presidency of the grouping. The official theme for India’s chairship is “Building for Resilience, Innovation, Cooperation and Sustainability”, with a focus on organised outreach sessions.

Bangladesh Prime Minister Tarique Rahman has also been invited to attend the summit’s outreach session in his capacity as the current chair of BIMSTEC. His participation, however, remains unconfirmed.

Bangladesh Foreign Minister Khalilur Rahman has sought to distinguish between the invitation to the summit and a separate invitation for Rahman to visit India.

“First of all, I am not a fortune-teller. Secondly, the prime minister was not invited to BRICS. He was invited as the chair of BIMSTEC,” he said, as NDTV reported.

He added that Prime Minister Narendra Modi had sent a letter to Rahman when the new government was formed. “There is an invitation,” he said.

Asked whether the proposed India visit was discussed during Rahman’s meeting with Indian High Commissioner Dinesh Trivedi on Monday, the foreign minister said, “We have not yet taken any decision on this.”

The MEA, meanwhile, said a formal invitation to Rahman to visit India had been extended when he assumed office in February 2026. Separately, India invited him to the BRICS outreach session as BIMSTEC chair, describing it as standard practice for regional-group leaders.

Rahman’s Dilemma

As Outlook India reported earlier, The uncertainty over Rahman’s participation comes amid domestic political pressures in Bangladesh and a period of cautious diplomatic engagement with India. While some anti-India groups could oppose a high-profile visit to New Delhi, Jamaat-e-Islami Bangladesh has indicated an interest in positive relations with India.

The relationship also involves several issues requiring direct engagement, including the Ganga treaty, border management and the question of Hasina’s extradition.

For India, Rahman’s participation in the BRICS outreach session would provide another opportunity for engagement. For Bangladesh, the decision comes as it weighs domestic political considerations against the practical demands of managing relations with its largest neighbouring country.

For now, Bangladesh has not taken a decision on whether Rahman will travel to New Delhi for the summit.