Sheikh Hasina's return: Bangladesh says it has done its part, what happens next is up to India; insists ex-PM cannot claim fundamental rights

Bangladesh has completed the legal formalities required for Sheikh Hasina's return, Law Minister Asaduzzaman has said, adding that what India decides to do next is up to New Delhi. His remarks come amid reports that India has set two conditions for sending the ousted former prime minister back to Dhaka.

"Sheikh Hasina will return to Bangladesh through legal means. We have completed everything required from our side as part of the legal process," Asaduzzaman told journalists on Saturday (Nov 14) after an event at the Bangladesh-China Friendship Conference Centre in Dhaka.

Asked whether Hasina would be given a legal opportunity to return, the minister said her extradition under the existing treaty would itself be a legal process. "What they (India) will do is up to them," he said.

The remarks come as Bangladesh continues to seek Hasina's extradition from India, where she has been staying since fleeing the country in August 2024.

What are India's reported conditions for Hasina's return?

A BBC Bangla report published on Thursday said India was exploring ways to send Hasina back to Bangladesh but had set two conditions for her return. Neither New Delhi nor Dhaka has publicly confirmed these reported conditions.

According to the report, India wants the Bangladesh Army to take responsibility for bringing Hasina back, potentially using a military aircraft to fly her from New Delhi to Dhaka. The report drew a parallel with her departure from Bangladesh aboard a military aircraft in August 2024.

The second reported condition concerns the legal proceedings she would face after returning. India is said to want assurances that Hasina would be allowed to appeal against her death sentence and that the trial relating to the July 2024 crackdown would be restarted.

On Friday, Indian Ministry of External Affairs spokesperson Randhir Jaiswal when asked about the reported conditions, including the possibility of a military aircraft bringing Hasina back and assurances over her legal rights, refused to directly confirm or deny the claims.

"You have mentioned several possible scenarios. Look, I have nothing to say on that," Jaiswal said.

Bangladesh says extradition process is complete

Asaduzzaman said Bangladesh had completed the steps required on its side under the legal process. Referring to Article 47(3) of a 1973 law, he said a person accused or convicted of crimes against humanity could not claim fundamental rights.

Asked whether India had discussed sending Hasina to a third country, the minister said that was a question for the Indian government to answer.

Bangladesh has been seeking Hasina's extradition under its agreement with India. She was sentenced to death in a crimes against humanity case linked to killings during the July 2024 mass uprising. India has yet to respond to the extradition request.

Hasina says she wants to return in December

Hasina has said she wants to return to Bangladesh in December, whatever the cost. Reuters recently reported that she had written to the Bangladesh High Commission in New Delhi seeking a passport and national identity card.