Can convicted Sheikh Hasina legally obtain a new Bangladeshi passport?
The ousted prime minister Sheikh Hasina, sentenced to death for crimes against humanity, has approached the Bangladesh High Commission in New Delhi through London-based lawyers, seeking a replacement passport and National Identity Card (NID).
The request, reported by Reuters on November 9, comes as Hasina signals plans to return to Bangladesh in December, more than two years after fleeing to India during the August 2024 uprising.
Bangladesh has already requested her extradition. India has not handed her over.
The government insists she must return through the extradition treaty. Her lawyers argue that she remains a Bangladeshi citizen with rights to identity and travel documents.
The dispute raises three distinct legal questions. Can a convicted fugitive obtain a passport? Does a death sentence extinguish citizenship rights? And can Hasina return voluntarily while an extradition request remains pending?
The answers are not necessarily the same.
Can a convicted fugitive get a passport?
Bangladesh's passport law does not impose an automatic lifetime ban on convicted criminals. The Bangladesh Passport Order, 1973, makes an important distinction between applying for a passport and being entitled to receive one.
Article 6(1)(c) allows authorities to refuse a passport if an applicant has been convicted by a Bangladeshi court within the previous five years of an offense involving moral turpitude and sentenced to at least two years in prison.
Hasina was sentenced to death, instead of a fixed prison term. That creates a technical legal question: does a death sentence fall within a provision expressly referring to imprisonment of at least two years?
The wording does not settle the question. But the government has other grounds to consider. Article 6(1)(e) permits refusal where an applicant is evading criminal proceedings or where a court has issued an order restricting departure from Bangladesh.
Article 6(2)(c) goes further. It requires passport authorities to refuse an application if the government considers issuance contrary to the public interest. This is potentially the government's strongest legal ground. Unlike the conviction provision, it does not depend on the length or type of criminal sentence.
There is also the question of citizenship. A criminal conviction does not, by itself, extinguish Bangladeshi nationality. Citizenship and passport eligibility are governed by different legal rules.
Hasina may therefore remain a Bangladeshi citizen while being refused a passport.
The same distinction applies to her NID. A national identity card establishes identity and citizenship-related information. It is not a travel document. Eligibility for one must be assessed under the relevant registration laws, rather than simply applying the passport restrictions.
Home Minister Salahuddin Ahmed said on Monday that the government was examining the authenticity of the application and the laws governing its approval. The foreign and law ministries are reviewing whether the request was submitted properly and whether Hasina is legally entitled to the documents.
No final legal determination has been publicly established.
Abul Hasan, a lawyer who has represented Awami League leaders before the International Crimes Tribunal, argues that Hasina retains her constitutional rights.
"Sheikh Hasina was sentenced in her absence. As a citizen of the country, she has the constitutional right to obtain a passport and NID," he told Daily Waadaa.
He said her previous passport had been cancelled and that there remained legal scope for issuing a replacement.
Does the extradition treaty prevent her return?
Bangladesh and India signed an extradition treaty in 2013. It was amended in 2016 to facilitate the transfer of fugitives between the two countries. The treaty covers people accused of crimes as well as those already convicted.
Article 1 establishes the obligation to extradite, subject to the treaty's conditions. Article 2 generally requires the alleged conduct to be punishable by at least one year's imprisonment under the laws of both countries.
This is known as dual criminality: the conduct must constitute an offense in both jurisdictions.
Hasina's conviction for crimes against humanity presents serious allegations involving killings during the 2024 uprising. But India must still assess the extradition request under the treaty and its domestic law.
The treaty also contains a political offense exception. Article 6 allows extradition to be refused for certain political offenses. However, it excludes murder, manslaughter and several other serious violent crimes from that protection.
This means that calling a prosecution ‘political’ does not automatically prevent extradition.
Other treaty safeguards and legal objections may still apply. The decision requires consideration of the alleged offenses, the supporting judicial documents and the circumstances of the prosecution.
India has previously said that Bangladesh's extradition request is being examined through its judicial and domestic legal processes. The process has remained unresolved despite Bangladesh's repeated demands for Hasina's return.
But there is a crucial difference.
The extradition treaty does not expressly prohibit Hasina from applying for a passport. Nor does it make extradition the only conceivable way she can return to Bangladesh. Extradition is a formal transfer between governments. Voluntary return is a different process.
A new passport would not cancel Bangladesh's extradition request. It would not overturn Hasina's conviction or prevent Bangladeshi authorities from arresting her on arrival.
Likewise, refusing her a passport would not necessarily make her return impossible.
Former Chief Prosecutor of the International Crimes Tribunal Tajul Islam said "Sheikh Hasina's request for a passport is nothing more than political posturing. She has submitted this application to create political instability in the country."
Tajul told Waadaa that the government had substantial grounds to refuse her application because she was a convicted fugitive. He also said India must follow the treaty and its own legal procedures.
Abul Hasan disagreed with the government's interpretation. He said India ultimately had to decide whether to surrender Hasina under the treaty.
What happens if Hasina gets a passport?
A passport would not guarantee Hasina's return. And its refusal would not necessarily prevent it.
Even with valid Bangladeshi travel documents, Hasina would need to satisfy India's departure requirements. The Indian authorities would also have to consider any restrictions arising from the pending extradition process.
Bangladesh, meanwhile, would retain the authority to enforce the tribunal's judgment if she returned. The death sentence would remain in force unless altered through a competent legal process.
There is another complication.
Article 10 of the extradition treaty requires Bangladesh to provide judicial records when seeking the transfer of a convicted person. These include a certificate of conviction and sentence, and a statement about the status of the conviction and the punishment yet to be carried out.
India can request additional information if it considers the documents insufficient. The treaty therefore creates a formal legal process. It does not guarantee immediate surrender simply because Bangladesh has obtained a conviction.
Hasina's case also has a diplomatic dimension.
India provided refuge to the former prime minister after her government collapsed in August 2024. Her continued presence has complicated relations with successive Bangladeshi administrations.
The government led by Prime Minister Tarique Rahman has renewed demands for her extradition. State Minister for Foreign Affairs Humaiun Kobir said on Monday that Bangladesh would not facilitate her return through a new passport.
"She has been sentenced to death. Bangladesh does not provide passports to terrorists," he told reporters.
International Crimes Tribunal Chief Prosecutor Aminul Islam also dismissed her request as political posturing, questioning whether she genuinely intended to return.
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