The interim government of Bangladesh has revoked the diplomatic passport of former Prime Minister Sheikh Hasina. The Home Ministry of Bangladesh has also instructed her former cabinet ministers, advisors, and Members of Parliament (MPs) to surrender their diplomatic passports immediately. According to a report Sheikh Hasina’s family members have been similarly directed to relinquish their diplomatic travel documents.
This move follows a political upheaval that forced Sheikh Hasina to resign from her position and leave Bangladesh. On August 5, she fled to India, where she has remained since.
The cancellation of Sheikh Hasina’s diplomatic passport has sparked demands for her extradition back to Bangladesh. The Bangladesh Nationalist Party (BNP), led by her political rival Khaleda Zia, has called on India to send Sheikh Hasina back to Bangladesh, citing the existing extradition treaty between the two nations.
The extradition treaty between India and Bangladesh, established in 2013 during Sheikh Hasina’s tenure as Prime Minister, provides a formal framework for the exchange of individuals accused or convicted of crimes. The treaty was amended in 2016 to include new provisions, particularly concerning the extradition of certain fugitives.
According to the treaty, both countries are obligated to extradite individuals against whom cases are pending, charges have been filed, or convictions have been secured, provided the crime in question carries a minimum sentence of one year. The treaty also covers financial crimes.
However, the treaty includes several clauses that allow either country to refuse extradition. For instance, if the charges against an individual are deemed to be politically motivated, the extradition request can be denied. Additionally, if the alleged crime is of a political nature or if the request is not seen as serving the interests of justice, the extradition can be rejected.
Despite these provisions, the treaty lists specific crimes, such as murder, kidnapping, bombings, and terrorism, that are excluded from the political exemption. Given that Sheikh Hasina faces over 50 cases in Bangladesh, many of which are related to murder, it could be challenging for India to dismiss her extradition as politically motivated.
In 2016, Section 10(3) was added to the treaty, simplifying the process by eliminating the need for evidence beyond a court-issued arrest warrant. This means that Bangladesh could request Sheikh Hasina’s extradition as soon as an arrest warrant is issued against her.
According to India’s visa policy, Bangladeshi citizens holding diplomatic or official passports can stay in India for up to 45 days without a visa. With Sheikh Hasina’s diplomatic passport now canceled and 19 days already spent in India, she has 26 days remaining. Reports from The Daily Star indicate that Sheikh Hasina does not possess a regular passport, leaving her next move uncertain once the 45-day period expires.
Diplomatic experts suggest that the interim government, led by Muhammad Yunus, may have revoked Sheikh Hasina’s diplomatic passport to exert pressure on India. However, given the longstanding and positive relationship between India and Sheikh Hasina, it is unlikely that India will comply with the extradition demand. During her tenure, Sheikh Hasina was a key ally of India, contributing to improved bilateral relations, curbing terrorism in the Northeast, and reducing border tensions.