Hasina's Haven: Why India's 'Legal Review' is a Calculated Blockade, Not Extradition

November 26, 2025 02:54 PM
Bangladesh's Prime Minister Sheikh Hasina and her Indian counterpart Narendra Modi pose during a photo opportunity ahead of their meeting at Hyderabad House in New Delhi, India September 6, 2022.

Despite the thunderous demands from Dhaka following the death sentence handed down to former Bangladesh Prime Minister Sheikh Hasina, New Delhi is engaged in a calculated silence, a diplomatic strategy that strongly indicates a long-term refusal to extradite the veteran leader. While the Indian Ministry of External Affairs confirmed it is "examining" Bangladesh's repeated requests—first made in December 2024 and reiterated this month after Hasina's sentencing—the examination process itself is widely viewed as a stalling tactic, leveraging the intricacies of law and deep-rooted geopolitical concerns to provide indefinite refuge.

The pivotal reason for India's anticipated non-compliance rests not on an unwillingness to cooperate, but on the existence of a vital exemption within the 2013 bilateral extradition treaty: the "political character" of the offense. Although the treaty explicitly excludes murder and related violent crimes from being classified as political, legal experts in New Delhi assert that the charges—"crimes against humanity" stemming from the deadly crackdown on student protests in 2024—can be convincingly argued as politically motivated persecution by the current interim regime.

Furthermore, the International Crimes Tribunal (ICT) in Dhaka, which sentenced the former premier in absentia on November 17, lacks democratic legitimacy in the eyes of many international observers and, crucially, within India's strategic calculus. The imposition of a death sentence in a trial widely described by Hasina’s supporters as "rigged" and lacking due process effectively creates a near-insurmountable legal barrier. Indian courts, bound by domestic legal principles, would struggle to approve an extradition that would result in capital punishment, especially when questions remain about the fairness of the conviction.

India’s reluctance is also driven by core strategic imperatives. Hasina, who has been in New Delhi since fleeing the mass uprising in August 2024, is considered a reliable ally who championed India's security interests, including cracking down on radical elements and insurgent groups operating along the sensitive border. Extraditing a staunch, proven friend to face the gallows, regardless of the charges, would shatter trust among India’s regional partners and undermine New Delhi's reputation as a dependable strategic haven.

In a recent, highly measured statement, the MEA did not endorse the verdict, instead opting to merely say India had "noted the verdict" and remained "committed to the best interests of the people of Bangladesh." This non-committal language signals that, while India respects the bilateral relationship, its ultimate response will be guided by its own national interest and the principle of political asylum.

With the current interim government in Bangladesh planning elections in early 2026, New Delhi is expected to remain deliberately slow and non-committal. The legal review of the extradition request is poised to become a lengthy process of judicial and bureaucratic delay, securing Sheikh Hasina's safety until the political landscape in Bangladesh stabilizes, ensuring that the former Prime Minister's time in India is less an investigation and more a state-sanctioned diplomatic shelter.