India’s courts to decide Hasina extradition as pressure builds on Delhi

India’s courts, rather than the government, will ultimately decide whether ousted Bangladesh Prime Minister Sheikh Hasina can be extradited to Bangladesh, Indian government officials have said, as Dhaka continues to press for her return.

The Indian Express reported on August 16, that senior Indian officials said the extradition request would have to go through India’s judicial process, while diplomatic discussions between New Delhi and Dhaka continue over the sensitive issue.

“The decision to extradite will be finally taken by our courts, it will not be a political or diplomatic decision,” a senior Indian government official told the newspaper, adding that the court would have to determine whether the alleged offences are also recognised as crimes under Indian law.

Another official noted that Hasina has said she intends to return to Bangladesh in December. Speaking at her first virtual press conference on August 5, she said December was Bangladesh’s “victory month” and that she wanted to return home during that month.

Hasina, 78, has been living in India since the fall of her government following the mass uprising in Bangladesh in August 2024. She was sentenced to death by Bangladesh’s International Crimes Tribunal in November 2025 after being convicted of crimes against humanity. Her Awami League party has also been banned.

The Indian officials said Bangladesh’s extradition request cannot be separated from the broader diplomatic engagement between the two countries. India’s Ministry of External Affairs (MEA) has previously said it was examining the request “in accordance with our established procedures”.

According to MEA officials cited by The Indian Express, Bangladesh’s extradition request includes the required legal documents under the 2013 treaty between the two countries.

The treaty provides for the surrender of those charged with or convicted of offences, while excluding “political” offences but specifically covering crimes such as murder, manslaughter, assault and incitement to murder. India’s Extradition Act, 1962, also allows an inquiry magistrate to determine whether a prima facie case exists for extradition.

The issue gained fresh diplomatic significance after Hasina held her first virtual press conference on August 5, drawing a strong reaction from Dhaka. Soon after, Indian High Commissioner to Bangladesh Dinesh Trivedi met Prime Minister Tarique Rahman, where the extradition of Hasina and India’s decision to allow her to address the press were reportedly discussed. Trivedi subsequently travelled to India and met Indian Prime Minister Narendra Modi to discuss the developments. The exchanges have added further urgency to an already sensitive diplomatic issue between the two neighbours.