What next for Sheikh Hasina? Will India extradite the former Bangladesh PM?

The verdict came after months of proceedings that concluded Hasina ordered a violent crackdown on a student-led uprising last year — unrest that ultimately brought down her Awami League government.

After months of proceedings, the court convicted her on five counts: murder, attempted murder, torture, extermination, and other inhumane acts. Tried in absentia, Hasina remains in exile in India.

Renewed extradition effort

Bangladesh’s foreign ministry has formally requested India to hand over former Prime Minister and “fugitive accused” Sheikh Hasina, shortly after the tribunal decided to sentence the Awami League leader to death.

In its communication, the ministry referenced the existing extradition treaty between the two countries and said New Delhi had an “obligatory responsibility” to facilitate Hasina’s return to face the verdict.

“Granting shelter to individuals convicted of crimes against humanity would be an unfriendly gesture and a dismissal of justice,” the ministry’s letter stated.

What will India do now?

India's Ministry of External Affairs (MEA) issued an official statement on Monday evening, shortly after the Bangladesh ICT awarded a death sentence to Sheikh Hasina.

"India has noted the verdict announced by the 'International Crimes Tribunal of Bangladesh' concerning former Prime Minister Sheikh Hasina," the statement read.

"As a close neighbour, India remains committed to the best interests of the people of Bangladesh, including in peace, democracy, inclusion and stability in the country," the MEA said in the statement. "We will always engage constructively with all stakeholders to that end."

However, amid renewed extradition pressure from Bangladesh, international relations experts believe that New Delhi will not hand over Hasina to Dhaka, despite having an extradition treaty.

Sreeradha Datta, a South Asian Studies professor at Jindal Global University, said the tribunal’s ruling was anticipated but is unlikely to push India into extraditing Sheikh Hasina.

Speaking to Al Jazeera, she noted, “India is not going to extradite her under any circumstances… Over the past year and a half, India–Bangladesh ties have been uneasy and repeatedly strained.”

Indian Foreign Ministry officials have previously avoided directly addressing Dhaka’s extradition requests, emphasising instead that Hasina came to India for her own security.

“She arrived on short notice due to safety concerns, and she continues to stay here,” ministry spokesperson Randhir Jaiswal had earlier said.

Although India and Bangladesh share an extradition treaty, the agreement clearly prohibits the return of individuals charged with political offences.

India 'not obligated' to return Hasina

International Relations experts said that India is not obliged to extradite Hasina, citing the condition of the extradition treaty.

In this context, Anindyajyoti Majumdar, a professor of international relations at Kolkata's Jadavpur University, said, "India is not obligated to return Hasina. Because even though India has an extradition treaty with Bangladesh, there are some conditions in it for which New Delhi is not obligated to accept it."

Sabyasachi Basu Roychowdhury, professor of political science at Rabindra Bharati University, said, “There is an agreement between India and Bangladesh on the extradition of prisoners. But after Monday’s verdict, there is a possibility that Hasina’s life is in danger in Bangladesh."

"So, as per the rules in that agreement, India is not obliged to extradite Hasina to Bangladesh,” the professor said.

Explaining the legal aspect in this context, Calcutta High Court lawyer Arindam Das said, “Hasina can approach the Supreme Court against this verdict. But if Hasina is prevented from doing so because she is not in the country, it is tantamount to a violation of fundamental rights.”

At the same time, he said that even if a copy of the tribunal’s verdict is sent, India is not obliged to accept it.

He said, "According to international human rights law, if someone's life is in danger in a country, the country that has given asylum to the person concerned is not obliged to send the person back. India can highlight this law in Hasina's case as well."

India-Bangladesh Extradition Treaty and its conditions

The India–Bangladesh Extradition Treaty, signed in 2013, serves as the legal framework that enables both countries to transfer individuals facing criminal charges or convicted in the other’s jurisdiction.

While the agreement was designed to strengthen cooperation against transnational crime, terrorism, and organised networks operating across the border, it also incorporates several strict safeguards to prevent misuse for political purposes.

A central clause of the treaty states that no individual can be extradited for offences deemed political in nature.

This includes charges that arise from political dissent, opposition activity, or actions linked to struggles for power.

The provision acts as a protective barrier against extradition requests perceived to be driven by political vendetta or unstable domestic conditions.

The treaty also allows refusal if the requested state believes the accused will not receive a fair trial, may face persecution, or could be subjected to inhumane treatment, including torture or capital punishment, unless the requesting country provides credible assurances to the contrary.

Additionally, extradition can be denied if the alleged offence is under trial or has already been adjudicated in the requested country.

These exceptional conditions ensure that extradition decisions are governed not only by legal cooperation but also by concerns for due process, human rights, and political neutrality.

Hasina: A longtime ally of India

Sheikh Hasina has long been regarded as one of India’s closest political allies.

New Delhi provided her refuge for several years after most of her family was assassinated in 1975, and the relationship remained strong throughout her tenure as Bangladesh’s prime minister.

Under Hasina’s leadership, India and Bangladesh enjoyed deep diplomatic and economic cooperation.

Prime Minister Narendra Modi in a bilateral meeting with the then Prime Minister of Bangladesh, Sheikh Hasina, in New Delhi on September 08, 2023. Photo: Wikimedia Commons/PMO India

Prime Minister Narendra Modi viewed her and the Awami League as dependable partners committed to secular governance and regional stability.

The situation shifted dramatically in 2024 when a quota reform dispute over government jobs ignited a nationwide student movement.

The protests soon morphed into a large-scale uprising, during which at least 1,400 demonstrators were killed. The unrest ultimately brought down Hasina’s government.

Hasina has rejected all allegations tied to the crackdown, insisting the cases against her are “biased and politically motivated.”

'Rigged tribunal'

Sheikh Hasina has issued a scathing rejection of the death penalty announced against her by the International Crimes Tribunal (ICT), calling the ruling the outcome of a “rigged tribunal” functioning under an “unelected government with no democratic legitimacy.”

In a detailed written statement, released minutes after the verdict, Hasina accused the Muhammad Yunus-led interim administration of orchestrating a politically motivated prosecution designed to destroy her and dismantle the Awami League, her party that dominated national politics for over a decade.

She reiterated that the charges—connected to the deadly student uprising of July–August 2024—were fabricated and that the judicial process lacked even the minimum standards of due process.

According to Hasina, the verdict was “pre-decided,” claiming that “no credible or professional jurist anywhere in the world would endorse the Bangladesh ICT.”

However, in an official statement, Yunus’ office called the verdict “historic” and urged the public to remain patient and uphold law and order.