Ex-Bangladesh PM Sheikh Hasina: India’s Legal Framework for Her Stay

Former Bangladesh Prime Minister Sheikh Hasina is currently residing in India under the protection of a valid residence permit, following her government’s ouster last August. This permit offers legal cover for an extended duration, shielding her from immediate deportation. Dhaka’s request for her extradition stems from a death sentence handed down by its International Crimes Tribunal for allegedly orchestrating the violent suppression of student protests. India has acknowledged the extradition request but has not set a definitive end date for Hasina’s stay in New Delhi. Her relocation to India occurred in the wake of her government’s sudden collapse, precipitated by widespread student-led demonstrations that paralyzed significant parts of the country. Faced with overwhelming political pressure, Hasina resigned and, along with her sister, fled the country, entering India via Agartala. In response to the tribunal’s ruling, India adopted a measured diplomatic tone, emphasizing its commitment to peace, democracy, and stability in Bangladesh. The Ministry of External Affairs stated that India would continue its dialogue with all relevant parties, without taking a stance on the extradition. Despite receiving formal extradition requests, including one in December and another after the tribunal’s verdict, India has not expedited the process, maintaining its deliberate approach. The revocation of Hasina’s diplomatic passport in December did not affect her legal status in India. Her visa was subsequently extended in January on technical grounds, effectively transforming into a separate residence permit. She is provided with government-protected accommodation in New Delhi, with robust security arrangements, and has been assured she can remain as long as she wishes. Experts note that her situation resembles political asylum, with India navigating the matter through careful diplomacy and the framework of its extradition treaty, which allows for declining requests in cases deemed political or involving capital punishment. The ultimate resolution of her stay is contingent upon India’s decision regarding the extradition request.