Legal complications increased between India and Bangladesh on Sheikh Hasina's extradition request, former ambassador expressed the possibility of going to court.

New Delhi: Former Bangladeshi Prime Minister Sheikh Hasina, against whom India has filed an extradition request, may move the court, former Bangladesh Ambassador Mahesh Sachdev revealed in an exclusive interview on Monday. He said the extradition treaty between Bangladesh and India allows extradition to be rejected for political reasons, just as European countries rejected India's extradition requests.

In an exclusive interview with ANI, Sachdev said that just as India's extradition requests were rejected by other European countries on various terms, Hasina too can say that she does not trust her government and is being treated unfairly. Behavior is likely to occur. Sachdev said the extradition treaty rules out extradition for political reasons.

Sheikh Hasina can go to court

“There are several caveats in the extradition treaty between India and Bangladesh that rule out extradition in case of political issues,” he said. But criminal issues have been excluded from political considerations. So all these warnings exist and can be used. Bangladesh Prime Minister Sheikh Hasina may move court against the extradition request, saying she may be treated unfairly.

India can cite such examples that we are not sure whether they will be treated fairly by the justice system. You would remember that there was extradition of terrorists from Europe to India, which was stopped because the Indian judicial system, Indian prisons were not considered up to the standards of Europe. Mallya has also used these arguments to fight against his extradition. So all these things will probably come to fruition and it could be a long affair.”

Extradition treaty signed in 2013

The extradition treaty between India and Bangladesh was signed in 2013 and amended in 2016, as a strategic measure aimed at addressing the issue of extremism and terrorism along the shared borders of the two countries. However, under the extradition treaty between India and Bangladesh, extradition can be refused if the offense is of a political nature.

“Officials have publicly mentioned today that a note verbale has been given to India on this particular request stating that he should be in Bangladesh to face justice, but it has not been specified that exactly. What are the allegations? We have an extradition treaty with Bangladesh, I think its terms will be implemented. Also two or three communications are necessary.”

Sachdev said that the note is the lowest level of verbal communication and is an indication of attached priority.

“First of all, note verbal is the lowest level of communication between two governments. This may be a sign of connected priority. This is just to record something. If you want a visa note that is also a note verbal, a normal person who is going to a cultural tournament or any such event also needs to submit a note verbal to the other party so that it can be taken care of Could. If seriousness is to be indicated then there can be high level advertising memoirs etc.”

The political turmoil in Bangladesh has brought former Prime Minister Sheikh Hasina into the limelight not only in her country but also in India. Sachdev said Sheikh Hasina's case was complicated because the extradition request was official and the asylum request for her was also official.

“I think officials in India and Bangladesh have been in touch on this issue, even before our Foreign Secretary visited Bangladesh earlier this month, and they may have discussed these possibilities. Bangladesh's demand for Sheikh Hasina's extradition is not new. This was new, having been mentioned from time to time since his departure in August.

But then she left in August and was welcomed to India on the basis of an official request by the Bangladesh government at that time – saying, she is coming, please welcome her. So there's a little bit of fluctuation there. I think there will be people among the Bangladeshi authorities who in their hearts would not want him to be extradited quickly because that would cause all kinds of turmoil in Bangladeshi politics. This may become a focus and Sheikh Hasina may make some revelations which may embarrass the government in Bangladesh. So I think bilateral relations are going to be affected, but then these are all expected steps.

Like a sumo wrestler, you do one thing and the opponent does something else and people stay inside the ring. And that is likely to be the case. Of course, it will be used for domestic promotion in Bangladesh, having said that we said it, and they have not yet complied with it. So this is another blot on India, and another attempt to show Bangladesh's troubles at India's doorstep.”

Sachdev said it could not be determined how long she would stay in India, as asylum requests are decided on political grounds and there are no set rules.

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“I think his request is for asylum. Asylum requests are usually decided on political grounds. There are no set rules. As per my knowledge there will be no time limit in such cases. And it is also known earlier that India had given him temporary asylum and suggested that he leave from there.

He had requested America, he had requested Britain and other countries, and none of them accepted his plea to settle in those countries. That's why he is here. Now that he is here, it would be unpolitical for us to expel him.”

Sachdev further gave examples of political leaders who had been granted asylum in the past – such as the ousted Syrian dictator, who is now under asylum in Russia.

“Earlier this month, Russia granted asylum to the Syrian dictator without asking any questions and without demanding his extradition,” he said. There are many such instances and they have also mentioned that they are going to approach the International Criminal Court to get a warrant issued against Sheikh Hasina. Well, this is also a possibility, but warrants have been issued against Netanyahu and Putin and they are still pending and they are doing their job as they were doing. So I think the situation is a bit flexible and it will depend on a lot of things happening below the surface, below the radar. This will ultimately decide what happens next.

(with agency input)