Pakistan can extradite Hafiz Saeed, Masood Azhar to India despite no extradition treaty: HERE'S HOW

Pakistan’s former foreign minister Bilawal Bhutto Zardari has hinted that Pakistan would not have any issues with the extradition of 'individuals of concern if India is refusing to comply with certain basic elements.' Soon after his statement, it was pointed out that there is no extradition treaty between India and Pakistan. However, there are two ways in which Islamabad can still extradite terrorists to India: India proposed an extradition treaty with Pakistan in 2004, which Islamabad has not yet responded. India also made a formal extradition request for terrorists living in Pakistan in 2023, but Islamabad acknowledged it but has not responded positively. In fact, in both cases, it has highlighted that there is an absence of a formal extradition treaty between the two countries. However, as per international law of double criminality, individuals can be extradited even if there is no agreement on extradition agreement between the two countries. Though the process is lengthy, political will can at least start the process - something that seems highly unlikely in the current political situation in Pakistan.

Bilawal Bhutto's remark about the extradition of terrorists to India

Speaking to Al Jazeera, Bilawal, who also heads the Pakistan People’s Party (PPP), said that such a move could be part of a “comprehensive dialogue” between the two countries, where terrorism is discussed as a key issue. "India is refusing to comply with certain basic elements that require that conviction to take place," Bilawal alleged, pointing to the need for Indian witnesses to testify in Pakistani courts. "If India is willing to be cooperative in that process, I am sure there will be no hurdle in extraditing any individual of concern", he added. "As part of a comprehensive dialogue with Pakistan, where terrorism is one of the issues that we discuss, I am sure Pakistan would not be opposed to any of these things," he said.

On being asked to disclose the whereabouts of Saeed and Azhar, the PPP chief said, “It is factually not correct that Hafiz Saeed is a free man; he is in the custody of the Pakistani state,” adding that Islamabad has been unable to arrest Azhar. “It is our belief that he is in Afghanistan," Bilawal said. “If and when the Indian government shares information that he is on Pakistani soil, we will be more than happy to arrest him," he added.

Hafiz Saeed and Masood Azhar

Hafiz Saeed - the 26/11 Mumbai terror attack mastermind, and Masood Azhar are among India's most wanted terrorists. Saeed is currently serving a 33-year sentence for terror financing and has reportedly been lodged in Lahore's Kot Lakhpat Jail since 2019. However, reports suggest that his jail term is a show-off by the Pakistani administration to avoid FATF blockage, while in reality, he enjoys free hand. Azhar is the mastermind of several terror attacks in India, including the 2001 Parliament attack, the 2016 Pathankot airbase strike, and the 2019 Pulwama terror attack. India released Azhar from its custody in 1999 as part of a hostage swap deal during the Flight 814 Kandahar hijack. Both LeT and JeM have been banned by Pakistan, according to the National Counter Terrorism Authority (NACTA). Azhar is also a UN-designated global terrorist and has been proscribed by NACTA and living in an undisclosed place for the last many years.