Sajeeb Wazed Joy, son of Bangladesh Prime Minister Sheik Hasina, is an IT entrepreneur based in the U.S. and has been an ICT adviser in Ms. Hasina’s government. File
| Photo Credit: Reuters

Sajeeb Wazed, son of deposed Bangladesh Prime Minister Sheikh Hasina, has accused the Muhammad Yunus led interim government of “weaponising the judiciary” for carrying out a “political witch hunt” against the Awami League leadership.

Mr. Wazed’s allegations, as a long post on X, came two days after the interim government on Monday (December 25, 2024) said it has sent a diplomatic note to New Delhi seeking Ms. Hasina’s extradition from India.

Ms. Hasina (77) has been living in India since August 5 when she fled Bangladesh following a massive student-led protest that toppled her Awami League’s (AL) 16-year regime.

Bangladesh’s International Crimes Tribunal (ICT) has issued arrest warrants for Ms. Hasina and several former Cabinet Ministers, advisers, and military and civil officials for “crimes against humanity and genocide.”

“The judges and prosecutors appointed by unelected Yunus led regime to conduct farcical trial process through International Crimes Tribunal makes it a political witch hunt that forsakes justice and marks another ongoing onslaught to persecute Awami League leadership,” Mr. Wazed said in his post on Tuesday (December 24, 2024).

An IT entrepreneur, Mr. Wazed is based in the U.S. and has been an ICT adviser in Ms. Hasina’s government.

“The kangaroo tribunal and subsequent request for extradition comes while hundreds of leaders and activists are extrajudicially killed, framing of outrageous murder charges, illegal incarceration of thousands by law enforcement and violent attacks including looting vandalism and arson going on with impunity everyday fuelled by denial of the regime,” he added.

On Monday (December 23, 2024), India confirmed receiving the ‘note verbale’ or diplomatic communication from the Bangladesh High Commission in New Delhi but refrained from commenting on it.

Under the provisions of the India-Bangladesh extradition treaty, extradition may be refused if the offence is one of a “political character.”

Bangladesh’s de facto Foreign Minister Touhid Hossain said Dhaka wants Ms. Hasina back to face the judicial process.

Mr. Wazed further accused that the chief prosecutor of ICT Tribunal Tajul Islam appointed by Mr. Yunus regime on December 22, despite proven records of defending war criminals, “reportedly spread deliberate disinformation campaign” against Ms. Hasina by claiming that Interpol issued red notice against her, and termed it as “a desperate bid to extradite her and hold farcical trial to serve the interest of Dr. Yunus.”

“But the very prosecutor later altered his statement following media exposure of the outright lie and now officially sent a request to India for the extradition,” Ms. Hasina’s son said.

“We reiterate our position that every single incident of human rights violation between July and August needs to be investigated in a free and fair manner but the Yunus led regime weaponised the judiciary, and we express no confidence in the justice system,” he alleged.

Last month, in an address to the nation on the completion of 100 days of the interim government, Mr. Yunus said Bangladesh will seek Ms. Hasina’s extradition. “We must ensure justice in every killing… We will also ask India to send back fallen autocrat Sheikh Hasina,” he had said then.

Mr. Yunus, who assumed office on August 8, claimed that about 1,500 people, including students and workers, were killed while 19,931 others were wounded during the protest against the Ms. Hasina government.

India has expressed concern as there have been a spate of attacks on minorities including on the Hindu community in Bangladesh in the last few months.

In recent weeks, Ms. Hasina has accused the Mr. Yunus-led interim government of perpetrating “genocide” and failing to protect minorities, especially Hindus, since her ouster.

Foreign Secretary Vikram Misri visited Dhaka two weeks back during which he conveyed to the Bangladeshi side India’s concerns, especially those related to the safety and welfare of minorities.

Bangladesh Prime Minister Sheikh Hasina. File
| Photo Credit: AFP

The chief prosecutor of Bangladesh’s International Crimes Tribunal (ICT) has announced plans to seek the extradition of ousted leader Sheikh Hasina from neighbouring India. “As the main perpetrator has fled the country, we will start the legal procedure to bring her back,” Mohammad Tajul Islam told reporters on September 8, 2024. The tribunal was established in 2010 by the former Bangladesh Prime Minister to investigate crimes committed during the 1971 independence war from Pakistan.

Ms. Hasina sought refuge in India in early August after a mass uprising compelled her to step down. Since her departure, numerous criminal cases have been lodged against her and her aides, encompassing charges of murder, torture, abduction, crimes against humanity, and genocide. The new interim government in Dhaka has already revoked Ms. Hasina’s diplomatic passport. Additionally, India and Bangladesh have a bilateral extradition treaty in place that could allow for her return to face trial.

What does the extradition treaty say?

Under the International Crimes (Tribunals) Act of 1973, Bangladeshi courts can proceed with criminal trials even in Ms. Hasina’s absence. However, this is bound to raise raises concerns about the fairness of the proceedings, and adherence to due process, while also complicating the enforcement of judicial orders. Therefore, the extradition of the former Prime Minister is considered crucial.

In 2013, India and Bangladesh executed an extradition treaty as a strategic measure to address insurgency and terrorism along their shared borders. It was subsequently amended in 2016 to ease the process of exchange of fugitives wanted by both nations. The treaty has facilitated the transfer of several notable political prisoners. For instance, in 2020, two convicts involved in the 1975 assassination of Ms. Hasina’s father, Sheikh Mujibur Rahman, were extradited to Bangladesh for execution. Similarly, India successfully secured the extradition of Anup Chetia, the general secretary of the banned United Liberation Front of Assam (ULFA), who had spent 18 years imprisoned in Dhaka.

The treaty mandates the extradition of individuals charged with or convicted of crimes that warrant a minimum sentence of one year’s imprisonment. A key requirement for extradition is the principle of dual criminality, meaning that the offence must be punishable in both countries. Since the charges against Ms. Hasina are prosecutable in India, and the penalties for her alleged crimes are also substantial, she qualifies for extradition on these grounds. Additionally, the treaty encompasses within its ambit attempts to commit, as well as aiding, abetting, inciting, or acting as an accomplice in such crimes.

Notably, the 2016 amendment to the treaty substantially lowered the threshold for extradition by removing the requirement to furnish concrete evidence against the offender. Under Article 10 of the treaty, only an arrest warrant issued by a competent court in the requesting country is now sufficient to initiate the extradition process.

Can extradition be refused?

Article 6 of the treaty stipulates that extradition may be refused if the offence is of a “political nature”. However, there are stringent limitations on this particular exemption. A host of offences such as murder, terrorism-related crimes, and kidnapping, are explicitly excluded from being classified as political. Given that several of the charges against Ms. Hasina — such as murder, enforced disappearance, and torture — fall outside the scope of this exemption, it is unlikely that India will be able to justify these accusations as political transgressions to deny extradition.

Another basis for refusal is outlined in Article 8, which permits denial of a request if the accusation is not “made in good faith in the interests of justice” or if it involves military offences not considered “an offence under general criminal law.” India could potentially refuse extradition on the ground that the charges against Ms. Hasina have not been levelled in good faith and there is a possibility of her being subjected to political persecution or an unfair trial upon her return to Bangladesh. Such concerns are further exacerbated by recent reports that Ministers from Ms. Hasina’s Cabinet, who have been arrested over recent weeks were physically arrested by bystanders while being transported to court for remand hearings.

What are the potential implications?

Dr. Sreeradha Datta, professor of international relations at O.P. Jindal Global University told The Hindu that the treaty does not guarantee Ms. Hassina’s extradition, as the final decision will hinge more on diplomatic negotiations and political considerations. “Even if India were to decline the extradition request, it would likely serve as a minor political irritant rather and is unlikely to dent bilateral relations, especially in critical areas of cooperation between the two nations,” she said.

Bangladesh is India’s largest trade partner in South Asia, with bilateral trade estimated at $15.9 billion in the fiscal year 2022-23. Before Ms. Hasina’s ouster, both nations were poised to commence dialogue on a comprehensive economic partnership agreement (CEPA) to foster economic ties. Following the regime change in Dhaka, Indian Prime Minister Narendra Modi has spoken with the Chief Adviser of the new interim government, Muhammad Yunus, and pledged continued support for ongoing development projects.