Hasina Will Not Get a Passport, and Extradition Is 'Practically Impossible', Indian Sources Say

Bangladesh's ousted former prime minister Sheikh Hasina, who is staying in India, has applied for a passport. But the Bangladesh government has ruled out the possibility of giving her a passport. Dhaka has said that if she is to return home, she will have to return through the extradition process.

However, India has doubts over whether the conditions of the extradition treaty will be met in Sheikh Hasina's case. Several sources told Indian outlet NDTV that India is unlikely to agree with Bangladesh's position on extraditing Sheikh Hasina. Rather, the sources believe extraditing her is 'practically impossible'.

According to the sources, Sheikh Hasina's security, the death sentence handed down against her, and the political relations between the two countries could also become major obstacles on the path to her return.

Outlining India's position on the matter, the sources said Sheikh Hasina came to India while she was prime minister. While she was still in power, a request was made to bring her to India. She was later flown to India aboard a Bangladesh Air Force aircraft, flown by members of the Bangladeshi military. She was then taken down at Hindon airbase near New Delhi.

Although an extradition treaty exists between India and Bangladesh, there are questions over whether the ongoing trial process against Sheikh Hasina and the death penalty issue conflict with the treaty's conditions. The sources told NDTV that Sheikh Hasina's life is currently under threat from some groups in Bangladesh. As a result, the risk to her life will carry weight in any discussion about her extradition.

According to a Reuters report, Sheikh Hasina applied for a new passport and national identity card last Monday. Since going to India in self-exile, this is her first contact aimed at returning home. She left the country after her long rule ended in the 2024 mass uprising. Her application is being seen as the clearest step yet towards implementing a plan to return home in December.

Bangladesh's State Minister for Foreign Affairs Humayun Kabir has said Sheikh Hasina will not be given any passport. He described her seeking a passport as a stunt. At a press conference at the Bangladesh foreign ministry premises, Humayun Kabir told journalists, 'Bangladesh does not give passports to terrorists. We have demanded their handover.' After Sheikh Hasina fled in the face of violent protests, the Bangladesh government has again demanded that India extradite her.

Under the extradition treaty between India and Bangladesh, for a person to be extradited, the offence concerned must carry a punishment of at least one year's imprisonment under the laws of both countries. Sheikh Hasina has been convicted of crimes against humanity and sentenced to death. However, the report notes that this offence is not clearly defined in India's official criminal law, the Bharatiya Nyaya Sanhita. This law, in force since 1 July 2024, replaced the colonial-era Indian Penal Code of 1860.

The extradition treaty also contains a 'dual criminality' condition. That is, the offence for which extradition is sought must be considered an offence under the domestic laws of both countries. The legal name or definition of the offence may differ between the two countries. However, the extradition request must be processed through formal diplomatic channels.

The treaty also specifies the circumstances in which an extradition request may be rejected. One of these is an offence of a political character. If the offence is considered political, extradition may not take place. The report says Sheikh Hasina's case could be considered political. However, the treaty also has an exception in this regard. Serious violent offences such as murder, manslaughter, assault, terrorism-related activities and the use of explosives do not fall within the exception for political offences. The Bangladesh government has publicly described Sheikh Hasina as a terrorist. Under the extradition treaty, extradition may also be rejected if it is proved that the trial process in a case is not being conducted in good faith, that the case is trivial, or that it is contrary to the interests of justice.

Apart from the extradition process, two other paths could remain open for Sheikh Hasina to return home. One is a passport, the other is a travel pass. Current Prime Minister Tarique Rahman used a travel pass to return home from London without a Bangladeshi passport. He submitted that application to the Bangladesh High Commission in London. While staying in London, Tarique Rahman's Bangladeshi passport expired, and he did not renew it afterwards. After his release from prison in 2008, Tarique Rahman moved to the United Kingdom with his family members and stayed there until returning home in December 2025. All cases against Tarique Rahman were withdrawn after the fall of the Awami League government led by Sheikh Hasina, and he received the travel pass less than a week before returning home. But Sheikh Hasina's situation is completely different. She has been convicted by Bangladesh's International Crimes Tribunal, and an effective death sentence stands against her.

Sheikh Hasina's stay in India has become an obstacle in India-Bangladesh bilateral relations. Bangladesh's current government has been demanding her return through extradition. However, behind the scenes a solution is being sought that would make her return possible without creating fresh political instability, and diplomatic discussion and understanding on this may take more time. India has made clear that the Sheikh Hasina issue should not be allowed to hold the two countries' bilateral relations hostage. The sources told NDTV that the current government does not want to be known as 'soft' towards Sheikh Hasina, but at the same time it does not want to take responsibility for political instability or a repeat of past incidents in which the country's former leadership was killed and removed. All in all, in the current political situation, Sheikh Hasina's return home appears extremely difficult. Whether through extradition, a passport or a travel pass, her return is not yet certain by any path.