Sheikh Hasina’s death sentence and Dhaka’s extradition demand: What options does India have now?

She said the charges were baseless and politically driven. “We acted in good faith and were trying to minimise the loss of life,” she said. “We lost control of the situation, but to characterise what happened as a premeditated assault on citizens is simply to misread the facts.”

Calling the verdict “biased and politically motivated,” Hasina argued that the tribunal lacked legitimacy and fairness.

Dhaka increases pressure on New Delhi

Soon after the verdict, Bangladesh’s ministries of home and foreign affairs issued statements urging India to send Hasina and Khan back immediately.

One statement said it would be “extremely unfriendly and demeaning to justice for any other country to grant asylum to these individuals convicted of crimes against humanity.”

It added, “We urge the Indian government to immediately hand over these two convicts to the Bangladeshi authorities. It is also a legal obligation for India as per the existing extradition treaty between the two countries.”

State media reported that Dhaka had already submitted an extradition note in December 2024, and officials confirmed that another letter reinforcing the demand will be sent soon.

Bangladeshi legal adviser Asif Nazrul warned, “If India continues to shelter this mass murderer, then India must understand that it is an act of hostility.”

He described the sentencing as “the greatest event of establishing justice on the soil of Bangladesh,” adding that Hasina’s punishment was “the maximum she should receive if tried in any court in the world.”

Opposition leaders have echoed similar calls. The BNP’s Ruhul Kabir Rizvi accused India of protecting a “fugitive criminal,” while Jamaat-e-Islami’s Mia Golam Porwar said India must “act as a responsible neighbour.” The National Citizen Party declared that Hasina had “carried out genocide against the people of Bangladesh” and should face justice in her homeland.

India’s careful response

India’s Ministry of External Affairs has acknowledged the verdict but avoided taking a firm stance. In its initial statement, it said, “As a close neighbour, India remains committed to the best interests of the people of Bangladesh, including in peace, democracy, inclusion and stability in that country. We will always engage constructively with all stakeholders to that end.”

Later, India’s foreign secretary said the matter was still under examination. “This is a judicial and legal process. It requires engagement and consultations between the two governments. We are examining this issue and we look forward to working with the authorities in Bangladesh,” he said.

The legal and treaty complications

India’s extradition law gives the government wide discretion in such matters. The Extradition Act of 1962 allows New Delhi to deny or delay extradition if the case appears politically motivated or if sending the person back does not serve the interests of justice.

Section 31 of the Act also bars extradition if the request concerns a political offence or is intended to punish someone for political reasons.

The India-Bangladesh Extradition Treaty includes similar safeguards. Article 6 allows refusal if the offence is political, while Article 8 says extradition can be denied for trivial or bad-faith requests.

However, Article 7 gives India the option to prosecute the accused domestically, while Article 21 states that disputes over extradition must be settled only between the two governments -- the UN or the International Court of Justice cannot intervene.

Why the case puts India in a diplomatic dilemma

Hasina’s presence in India now presents New Delhi with one of its most difficult diplomatic challenges in recent memory.

Handing her over could be seen as betrayal by one of India’s closest allies. Hasina’s government had long cooperated with India on counterterrorism, border security, and regional stability.

But refusing Dhaka’s request could invite accusations that India is harbouring a convicted leader and shielding her from justice. Bangladesh’s interim administration, led by Muhammad Yunus, has already warned that India’s decision will influence future bilateral ties.

Analysts believe Dhaka’s recent outreach to Pakistan and China is an indication that the country is preparing for a shift if India continues to provide Hasina refuge.

For now, India appears to be buying time through legal consultation and quiet diplomacy. The decision could take weeks or months, depending on the political mood in both capitals.

Under Bangladeshi law, Hasina can only appeal her sentence if she returns voluntarily or is extradited within 30 days of the verdict. Since neither has happened, the case is likely to remain at an impasse, one that may test South Asia’s most complex political relationship in years.