The political extradition of ousted Prime Minister of Bangladesh Sheikh Hasina became eminent as soon as the interim government of Bangladesh had revoked her diplomatic passports, following the decision of Bangladesh International Crime Tribunal.
Home Department of Bangladesh clarified that Interim Government lead by Professor Muhammad Yunus Chief Adviser of Bangladesh has already started legal process to bring Hasina back to Bangladesh for criminal trial.
It can be recalled that in the middle of Bangladesh turmoil on August 5th Hasina fled to India by military helicopter and landed at airbase near New Delhi seeking refuge, however, diplomatic dialogue is to start to bring Hasina back for trial on the soil of Bangladesh.
Bangladesh International Crime Tribunal nailed Sheikh Hasina as principal perpetrator for waging recent spate of bloodshed, claimed more than 650 innocent lives. Crime Tribunal is now starting legal procedure against Sheikh Hasina who ruled Bangladesh with her iron fist for last 15 years.
High level sources of Bangladesh International Crime Tribunal indicated that Dhaka shall push hard to bring Hasina back for trial.
Ironically, creation of Bangladesh International Crime Tribunal was the innovative idea of Sheikh Hasina Government. In the year 2010, Awami Government formed it to investigate and penalize the war criminals who inflicted atrocities on freedom fighter, during the liberation war in 1971.
In fact, in the year 1971, nation was surged up with arms for independence to liberate East Pakistan from the political grip of West Pakistan. Just after attaining complete freedom East Pakistan emerged as a new nation which is known as Bangladesh in today’s world map.
Interestingly chief adviser of interim government, Muhammad Yunus, confessed that his government is under tremendous pressure demanding extradition of Sheikh Hasina as anti Indian outburst is increasing wider soon after the recently flared political turmoil.
Adding fuel to the fire, top BNP officials, pointing figure towards India, asked push Hasina back to India and hand over to Bangladesh Government to face free trial for genocide and extra judicial killing.
Bangladesh Home department hinted that, already process has been started for collection of information and evidence against Sheikh Hasina, and evidence is corroborated from across the country and incorporated for scrutiny and evaluation, so that crime inputs shall remain unchallengeable in tribunal court. Home Department accepted this as huge tusk and examination of each and documents and evidence is done in a most precise manner.
Passport Revoked:-
Dhaka had already revoked the diplomatic passport of Shekia Hasina, to shackle her walk inside the geographical boundary of Bangladesh.
Diplomatic passport of Sheikh Hasina permits free travel in certain countries. Sheikh Hasina is in India since 5th August as the escalating violence was supposed to take her life. Interestingly most of the European Countries refused to give Hasina political asylum.
Aftermath of recent civilian uprising in Bangladesh, Sheikh Hasina is seen to falling in her own trap, Fugitive Hasina was behind the creation of Bangladesh International Crime Tribunal in 2013, however, hunting is on to bring her for trial at tribunal due to the charges framed for criminal offences. In the same way, she shall be tried in the same tribunal, which she once upon a time had created and now she is suppose fall on her own trap.
In the same way in the year, 2013, Sheikh Hasina Government signed Criminal Extradition Treaty with India and new government of Bangladesh is now trying to bring Hasina back to Dhaka, for criminal trial, the provision of same treaty designed by Hasina herself.
Charges against Sheikh Hasina in International Crime Tribunal:-
Genocide
Crime against humanity
Kidnapping and disappearances
Murder
In order to bring Hasina back, India is armed with India’s Extradition Act 1962; however Hasina’s extradition matter can be looked through India-Bangladesh Extradition Treaty signed by the Sheikh Hasina government in 2013.
Is it possible to bring Hasina back to India under Indo Bangladesh Extradition Treaty 2013:-
According Clause I, of the Indo Bangladesh Extradition Treaty 2013, both India and Bangladesh to extradite individuals in their territories not just the individual have been found guilty of committing an extraditable offence in the geographical territory other country. This is also applicable in case of other individuals who have been charged with committing crimes.
Since there is a charge against Hasina can be extradited even though the charges yet to prove in the Bangladesh court. The charges against Hasina are not “political” in character, which is exempt from “extradition” by this treaty.
India’s Extradition Act of 1962 oversees the Foreign Policy regarding Extradition from India. It can be mentioned that, Section 12 (2) of India’s Extradition Act 1962 deals with the extradition in connection with Bangladesh from India.
However in order to make extradition of Sheikh Hasina smooth and fruitful, effective instrument on the side of Bangladesh for extradition is India-Bangladesh Extradition Treaty 2013:-
(1) Article 10 (3) of the India-Bangladesh Extradition Treaty, for materialization of any kind of extradition, it is sufficient for the requesting State to produce a warrant of arrest issued by a competent authority. Sharing of evidence of the crime committed with the requested State is not mandatory.
It can be mentioned that, as per the provision of original treaty requesting state was suppose to share the evidence along with the arrest warrant with the requested state. However, provision of sharing evidence was right off in an amendment made in 2016 to expedite extradition of the accused.
On the other hand India may come up with defense, for Sheikh Hasina, as the Indo Bangladesh Extradition Treaty 2013 has some exception regarding the extradition of the individuals:-
Article 6 explains that extradition may be refused if the crime is political in its character.
However, Section 31 (1) of Indo-Bangladesh Extradition Treaty 2013 provides political exceptions, hence India can make defense for refusing extradition of Hasina.
On the other hand Article 6 (2) of Indo-Bangladesh Extradition Treaty does not recognize crime parallel to “murder” as “political offence.
Similarly international laws never recognize genocide and crimes against humanity as political offence. Therefore India’s plea for political asylum for Sheikh Hasina shall not attract the provision of the treaty guideline.
However, India may come up with another set of defense against the plea of Bangladesh:-
Article 7 of Indo-Bangladesh Extradition Treaty 2013, the requested state may refuse extradition, if there is probability for accused person, for trial in the court of its own court in charge of extradition offence.
However, this provision will not be applicable in case of Sheikh Hasina as Indian Government is not putting Hasina for trial behind the bar as because of her “trespass” inside the territorial land of India.
Article 8 (1) (a) (iii) of Indo-Bangladesh Extradition Treaty 2013, and also Section 29 Indian Extradition Act 1962, utters same node of action “if the requested state is convinced that the accused person, who is the “subject of extradition”, in any circumstances, may be suppressed or oppressed, following extradition to requesting state and charges framed has not been “in good faith and interest of justice”, than need of such extradition
These provisions of both Indo-Bangladesh Extradition Treaty 2013 and Indian Extradition Act 1962, seems to be applicable in case of Sheikh Hasina, as because, the return of Hasina to Bangladesh is a just a :risk for her life because of political hostility, she shall be tried on criminal charges in Bangladesh International Crime Tribunal. The honesty and integrity of her political opponents in power at Bangladesh for fair trial is a serious question.
Finally, fate of Hasina is now rest on the hand of India’s foreign policy makers. In a fast changing geopolitical scenario in the periphery of Indian political peninsular, if Hasina is a valued factor for India, than India may go for extreme end to protect erstwhile prime minister of Bangladesh.
The Final Instrument for Hasina’s survival in India:-
As India can use Article 21 (3) of Indo Bangladesh Extradition Treaty 2013 clearly says that, India is empowered to terminate this treaty at any time by serving six month notice. According to this provision mentioned, this treaty, shall ceases to have its’ effect after six month of date of notice. Existence of this treaty shall stand null and void in front of any extradition request, before the termination of same.
