Bangladesh’s ex-Prime Minister Sheikh Hasina has been sentenced to death for “crimes against humanity.” After the judgement, the interim government in Dhaka asked India to immediately send her back. Hasina has been living in India since August 5 last year, after she fled Bangladesh during a massive student-led uprising that ended her 15-year rule.

The special court in Bangladesh also declared Hasina and her former home minister Asaduzzaman Khan Kamal as fugitives. Both are believed to be in India. The court said they were responsible for violence that took place during the protests in 2023.

Hasina was convicted on five charges, including making inflammatory statements and ordering forceful action against protesters. She was also given the death penalty for the killing of six student demonstrators in Dhaka’s Chankharpul area. Prosecutors said she was the central figure behind the actions carried out during the unrest.

Hasina strongly rejected the allegations. In a statement, she said the case against her was politically motivated and not based on facts. She said she and her minister were trying to control the situation, not cause violence. Her party, the Awami League, has called for a nationwide shutdown to protest the verdict. Under Bangladeshi law, Hasina cannot appeal the verdict unless she returns or is arrested within 30 days. Until then, the death sentence will remain in place.

The Bangladesh Foreign Ministry urged India to extradite Hasina and Kamal, saying the request is mandatory under the bilateral extradition treaty. It also said that giving shelter to convicted individuals would be considered an unfriendly act and a violation of justice. India responded by saying it has noted the verdict and will continue to work for peace, stability, and democracy in Bangladesh. However, it did not comment on the request to extradite Hasina.

Experts believe India is unlikely to send her back. The India-Bangladesh extradition treaty gives India the right to reject a request if it appears political, unfair, or not in line with Indian law. The treaty also requires that the crime be punishable in both countries, which may not apply clearly in this case.

India’s Extradition Act, 1962, also allows the government to refuse extradition if the charges seem politically motivated, trivial, or not made in good faith. This provides India with enough legal room to avoid sending Hasina back. Because of these legal and political factors, it appears unlikely that India will extradite Sheikh Hasina despite Bangladesh’s request.