Sheikh Hasina’s Future in India: Diplomatic Passport Revocation Sparks Extradition Concerns August 24, 2024

Sheikh Hasina, the former Prime Minister of Bangladesh, found herself in a precarious situation after her diplomatic passport was revoked by the interim government. Hasina, who fled to India following a student-led uprising on August 5, has now spent 18 days in the country, raising questions about her future and potential extradition. 

Diplomatic Passport Revocation and Visa Implications 

revocation of Hasina’s diplomatic passport has brought her visa-free stay in India into sharp focus. Under Indian visa policy, Bangladeshi citizens with diplomatic or official passports can stay in India for up to 45 days without a visa. However, with her diplomatic passport canceled, Hasina’s visa status is now in limbo, making her vulnerable to legal actions, including extradition. 

Government sources have confirmed that Hasina does not hold any passport, complicating her legal status in India.  diplomatic and political ramifications of this situation are significant, especially given the ongoing legal proceedings against her in Bangladesh, where she faces 51 cases, including 42 for murder. 

Extradition Treaty and Legal Complexities 

possibility of Hasina’s extradition to Bangladesh hinges on the extradition treaty between India and Bangladesh, signed in 2013 and amended in 2016. According to the treaty, while political offenses may be grounds for refusal of extradition, crimes such as murder are explicitly excluded from this protection. However, the treaty also allows for refusal if charges are not deemed to be “made in good faith, in the interest of justice.” 

This legal framework places India in a challenging position. A former Indian High Commissioner to Bangladesh, speaking anonymously, emphasized that the decision on Hasina’s extradition would likely be a “political call” rather than purely legal.  diplomat highlighted the importance of economic and strategic ties between the two nations, suggesting that Hasina’s fate could be influenced by broader bilateral considerations. 

Political Implications and India’s Role 

Professor Sreeradha Dutta, an expert in international affairs at OP Jindal Global University, underscored the complexity of Hasina’s situation, predicting that any extradition request from Bangladesh would lead to a prolonged judicial process in India. She noted that the perception of Hasina as a victim of political persecution could further complicate her extradition. 

India’s history of granting asylum to political figures, including Hasina herself in 1975, adds another layer of complexity. India has previously provided refuge to leaders such as Dalai Lama, former Maldivian president Mohamed Nasheed, and former Afghan president Mohammad Najibullah Ahmadzai, demonstrating a long-standing tradition of offering sanctuary to political figures facing persecution in their home countries. 

An Indian diplomat who served in Dhaka in the 1990s pointed out the delicate balance India must maintain. On one hand, India must preserve its relationship with the current Bangladeshi government, while on or, it cannot be seen as abandoning a long-time ally like Hasina. 

Historical Precedents and Regional Context 

Hasina’s sudden departure from Bangladesh bears similarities to recent political upheavals in neighboring countries.  fall of Gotabaya Rajapaksa in Sri Lanka in 2022, which led to his temporary exile, and the ousting of Thaksin Shinawatra in Thailand in 2006, followed by his 15-year exile in Dubai, serve as reminders of challenges faced by leaders who are forced to leave our countries under duress. 

As Hasina continues her stay in India, the question of where she will seek asylum or face extradition remains unresolved.  the outcome will not only shape her political future but could also have lasting implications for Indo-Bangladeshi relations. 

Conclusion 

the situation surrounding Sheikh Hasina’s stay in India is fraught with legal and political challenges. As the former prime minister navigates her uncertain future, both India and Bangladesh must consider the broader implications of any decision made regarding her status. With strong economic and diplomatic ties at stake, Hasina’s case is likely to be a significant test of the region’s political dynamics in the months leading up to the 2024 elections.