Indicating broader political outreach in Bangladesh, High Commissioner of India Pranay Verma and other Indian officials met the General Secretary of the Chief Opposition Bangladesh Nationalist Party (BNP).
| Photo Credit: BNP media cell

In a significant act of political outreach, the High Commissioner of India to Bangladesh, Pranay Verma, and his colleagues met Mirza Fakhrul Islam Alamgir, general secretary of the principal Opposition, the Bangladesh Nationalist Party (BNP) in Dhaka. This is the first meeting between the BNP leadership and the Indian diplomats stationed in Bangladesh after the fall of the Sheikh Hasina government on August 5, 2024.

“India wants to bring a positive outlook to the relation with the BNP. They are also seeking to strengthen BNP’s relation with political parties in India. They conveyed that they would like to firm up relations with Bangladesh, especially in the context of the big political change that has taken place here,” said Mirza Fakhrul Islam Alamgir, briefing the media after the meeting that took place at the BNP’s headquarters in the Gulshan neighbourhood of Dhaka. He shared that the two sides discussed the security situation.

The Indian envoy had met several members of the interim government earlier this month, indicating that India was interested in broadening dialogue with both the interim government and the political parties that are likely to play a prominent role when elections take place in Bangladesh.

During the meeting, Mr. Alamgir was accompanied by the BNP’s vice-chairman advocate Nitai Roy Choudhury, and the BNP’s international committee member Shama Obaid. High Commissioner Verma was accompanied by Deputy High Commissioner Pawan Badhe.

The BNP organised a political rally on September 17, 2024, when Mr. Alamgir and vice chairman Tareque Rahman, currently based in London, demanded a fresh election but assured that they wanted the interim government to succeed in carrying out the reforms it had promised while taking charge on August 7. In an interview with The Hindu in August, Mr. Alamgir expressed disappointment over the interim government not giving a timeline for returning Bangladesh to the democratic process.

On August 25, chief adviser Mohammad Yunus, in a speech, assured Bangladesh of reforms but did not reveal a timeline for holding elections. Mr. Yunus had suggested that the interim government would hold political dialogue with various parties in Bangladesh before proceeding for the election. Mr. Alamgir has said that “all political parties are demanding that”.

With the fall of the Sheikh Hasina-led Awami League government on August 5, BNP has emerged as the leading political player, and its cadre has made their presence felt across the country on multiple occasions. Former Prime Minister of Bangladesh Khaleda Zia, also the chair of the BNP, was released from jail a day after the fall of the Hasina government.

The BNP cadre came out in large numbers during the last Sri Krishna Janmashtami when they coordinated the festival in many places and provided security to the minority Hindu community.

BNP had been critical of some of the initiatives and agreements that the Hasina government had concluded with India. Mr. Alamgir had declared that his party would support the review of the energy agreement that the Hasina government had made with the Adani Group under which Bangladesh has been receiving electricity produced in Jharkhand’s Godda power plant. Apart from that, he had pointed out that the killings on the India-Bangladesh border should stop as it is leading to high casualties on the Bangladesh side. He has also sought the extradition of Ms. Hasina from India to Bangladesh.

Sunday’s meeting is being interpreted as a significant development as it marks the beginning of official-level Indian contact with BNP leadership. Mr. Alamgir had told The Hindu that the BNP had tried to reach out to India “on a number of occasions” before the controversial January 2024 election that they had boycotted but did not get any response from the Indian side. “India had placed all its eggs in one basket. Diplomatically, it was not a productive attitude. We always wanted friendly relations with India,” Mr. Alamgir had said.

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.