The demand refers to Bangladesh’s request for India to extradite Sheikh Hasina, who is accused of grave crimes, including alleged involvement in anti-government protests and the mistreatment of protesters.
India and Bangladesh signed a bilateral extradition treaty in 2013. This treaty provides a framework for extradition, allowing a requested state to refuse extradition if the accused faces political charges or unfair trial conditions.
Yes, under Section 339 of the Bangladesh Code of Criminal Procedure, trials in absentia are permissible if the accused deliberately absents themselves. However, legal representation must be provided.
India could argue that the charges against Sheikh Hasina are politically motivated or that she might face torture or an unfair trial in Bangladesh, which violates international human rights norms.
The ICC might intervene if crimes against humanity are involved. However, Bangladesh must adhere to ICC jurisdiction under Article 14 of the Rome Statute, which requires national proceedings to be inadequate for the ICC to act.
India is bound by the principle of aut dedere aut judicare, obligating states to either prosecute or extradite individuals accused of grave crimes. India must ensure that its decision complies with international obligations and human rights standards.
Extradition could strain India-Bangladesh relations, particularly if it is perceived as politically motivated. Conversely, refusing extradition might raise concerns about harboring fugitives.
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