Why India may reject Sheikh Hasina’s extradition: Analyst points to political exemption clause in treaty

Former Bangladesh Prime Minister Sheikh Hasina - File Photo

In a post on X, Kugelman explained that the India–Bangladesh extradition treaty’s political exemption clause gives New Delhi strong legal grounds to argue against Hasina’s extradition.

“The India-Bangladesh extradition treaty’s political exemption clause relates to political offenses, not political personalities. Not easy to argue crimes against humanity is a political offense. So Delhi would likely argue the entire case was political,” Kugelman wrote.

The India-Bangladesh extradition treaty’s political exemption clause relates to political offenses, not political personalities. Not easy to argue crimes against humanity is a political offense.
So Delhi would likely argue the entire case was political. https://t.co/2k58EsJnay

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— Michael Kugelman (@MichaelKugelman) November 17, 2025

His post comes amid growing diplomatic tension between New Delhi and Dhaka following the tribunal’s verdict, which found Hasina guilty of “crimes against humanity” linked to last year’s student-led uprising that led to her ouster.

Bangladesh’s interim government, led by Chief Adviser Muhammad Yunus, has formally asked India to hand over Hasina, calling it a “legal obligation under the extradition treaty.” The Ministry of Foreign Affairs in Dhaka said it would be “an unfriendly act and contempt of justice” for any country to grant asylum to individuals convicted of such crimes.

India, however, has not issued a direct response to the request. The Ministry of External Affairs said it has “noted the verdict” and remains “committed to the best interests of the people of Bangladesh,” without addressing the extradition issue specifically.

Under the India–Bangladesh Extradition Treaty, signed in 2013, both countries can refuse extradition if the alleged crime is considered political in nature or if the request appears politically motivated. Article 6 of the treaty allows either country to deny extradition in cases where the offence is “of a political character.”

Legal experts have pointed out that this clause could form the basis of India’s position. Kugelman’s analysis supports this interpretation, suggesting that New Delhi is more likely to treat the case as politically driven rather than purely criminal.

Hasina has been living in India since August 2024 after fleeing Bangladesh amid violent protests. Her party, the Awami League, has called the verdict “illegal and politically motivated,” while human rights groups have questioned the fairness of the tribunal proceedings.

With Hasina in Indian territory and Dhaka pressing for her return, the issue is now set to test one of South Asia’s most complex diplomatic relationships. Kugelman’s observation reflects what many in New Delhi’s strategic circles are already suggesting: that India may invoke the political exemption clause to avoid a direct confrontation with Dhaka while maintaining its legal footing under the treaty.