Sheikh Hasina’s extradition conundrum: What are India’s options?

livemint.com:

Bangladesh must strive to keep its success story going While Bangladesh is yet to make a formal request, and India’s external affairs ministry has dismissed it as hypothetical, the issue still calls for strategic thinking in the diplomatic and foreign policy establishment. So, what are India’s options? While it may want to stand up for its long-time friend Sheikh Hasina, politics is driven by rationality and prudence, not emotions. In realpolitik, national interests trump personality-based politics.

While much remains to be seen in terms of India’s response, if it chooses to deny the extradition request, it will have to script its denial based on the exception clause of the extradition treaty. While this clause stands contested, India still has substantive legal ground to make its case in light of Article 6 and Article 8 of the treaty. Article 6 permits ‘political character of offence’ as grounds for exception, while Article 8, clause 1.3 states, “A person may not be extradited if the accusation against him is not made in good faith in the interests of justice." India can technically invoke both clauses, which are well within the parameters of international law to deny extradition.

Nonetheless, this would have consequences for India-Bangladesh relations. For years, India’s policymakers have viewed Bangladesh like many other of its neighbours. It’s now time to pay attention to how India is viewed in Bangladesh and recognise the sentiment there, both politically and on the ground.