Raising questions on the locus standi of Bangladesh’s interim government, India has turned down its request to extradite Sheikh Hasina and extended visa for the former Prime Minister on Wednesday, sources in the Ministry of External Affairs Department (MEA) said.
The Union government raised questions on the legitimacy of the “note verbal” sent by the neighbouring country’s interim government last week seeking Hasina’s extradition.
Last month, the Bangladesh government formally sought Hasina’s extradition from India by sending a note verbal through its Department of Foreign Affairs. The Union government acknowledged the request but refrained from commenting further.
The MEA official said Bangladesh’s demand for Hasina’s extradition is a legal issue, not diplomatic. “If an interim government of a country, not an elected government, seeks extradition of a political personality, we will have to analyse all legal aspects. We will have to see whether Bangladesh’s interim government has any locus standi to make extradition request. We will reply to the Bangladesh government’s verbal note at the proper time,” said an official of the MEA.
Referring to Bangladesh’s decision to revoke passports of Hasina and 96 other individuals, the officer said it would not have any impact on India’s decision to allow the former Prime Minister to stay here.
“Though she has not yet sought political asylum from us, her stay in our country is now being considered equivalent to the protocol. According to the provisions of the extradition treaty between India and Bangladesh, we are not bound to extradite her,” said an official of the MEA.
Sources in the MEA said, “Hasina’s stay in India has been made legitimate by completing the paperwork with the Foreign Regional Registration Office (FRRO), Delhi. Since we do not have any act for refugees, Hasina’s tenure in India has been legalised through the FRRO, a common exercise.”
Several politicians and former army personnel in Bangladesh recently demanded Hasina’s extradition in public.
According to international law, even with an extradition treaty in place, a country is not always bound to send back a person. Extradition treaties typically outline the conditions under which one country will transfer a person to another country to face trial or serve a sentence.
There are some reasons that can lead a country to refuse extradition of someone, even if there's a treaty. The reasons include If the crime is considered a political offense, the person has already been tried and acquitted or convicted of the same crime in the requested country and if the requesting country doesn't provide sufficient evidence to support the extradition request. Ultimately, the decision to extradite someone is often subject to the discretion of the country's authorities and courts.
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