Sheikh Hasina Wants To Return To Bangladesh In December. 5 Reasons Why It's Unlikely

Former Bangladesh Prime Minister Sheikh Hasina, who is currently believed to be residing in India, has indicated she wants to return to Bangladesh in December and has even applied for a passport. The government in Bangladesh has said there is no question of her being given a passport to return.  Hasina's return to Bangladesh has to be through the extradition route, is the Bangladesh Government's position. However, that is implausible for several reasons.

Sources have told NDTV that India is unlikely to agree with Bangladesh's position and an extradition is out of the question. India's position is clear. Hasina arrived in India as Prime Minister. The request to fly her to India came when she was in office. She was flown to India in a Bangladesh Air Force aircraft, flown by Bangladesh military personnel and practically dropped off at the Hindon Air Base near New Delhi.

While India and Bangladesh have an extradition treaty, Hasina's case is unlikely to qualify for an extradition, under the conditions of the treaty, given the circumstances in which her trial was conducted and the manner in which her death sentence was awarded.

Hasina Faces Death Threats From Radicals In Bangladesh

When Hasina was in power, her rival and former Prime Minister Begum Khaleda Zia was jailed too. She was later put under house arrest and Bangladesh has a history of political violence, irrespective of the party in power. Hasina's entire family including her father and Father of the Nation, Sheikh Mujibur Rahman, except for her and her sister, were assassinated in their private residence at Dhanmondi 32, Dhaka, Bangladesh.

Bangladesh was barely four years old when Rahman, the father of the nation, was assassinated on August 15, 1975. Army officers broke into his house using tanks and automatic weapons and the entire family was massacred. With the threat to Hasina's life from extremist and radical elements in Bangladesh, who were emboldened by the previous administration so any conversation on extradition is likely to dominated by the threat to her life from Islamic radicals in Bangladesh.

In 1981 current Bangladesh Prime Minister Tarique Rahman's father, General Ziaur Rahman the President of Bangladesh was assassinated by rebels who broke into a government guest house in Chittagong where he was staying. The violence was believed to have been carried out by a small group of army officers. With the army's dubious history in Bangladesh, and the circumstances of Hasina's departure from Dhaka in 2024, an extradition seems out of the question at this time.

So, How Can Hasina Go Back To Bangladesh?

That leaves only two other options for Hasina to return. A passport or a travel pass.

Hasina requested on Monday a new passport and identity card so she can return from self-imposed exile in India, according to a letter seen by Reuters, her first such communication since fleeing in 2024. The request marks the clearest step by Hasina to act on her plan to return to Bangladesh in December, more than two years after a deadly uprising ended her long rule, raising the prospect of fresh political and legal tensions in a country where her party is now banned.

Bangladesh's State Minister for Foreign Affairs, Humayun Kobir has said Bangladesh would not issue a passport to Hasina calling her action of seeking a passport, "merely political posturing".

Bangladesh has reiterated its demand for her extradition from India, after violent protests toppled her government forcing her to leave her country amidst threats to her life. "Bangladesh does not issue passports to terrorists. We have asked for them (terrorists) to be handed over," Humaiun Kobir told reporters at a press briefing at Bangladesh's Ministry of Foreign Affairs premises.

Why Hasina Is Unlikely To Be Extradited From India

Under the extradition treaty between India and Bangladesh, for an individual to be extradited the offence must be punishable under the laws of both India and Bangladesh by a prison term of at least one year. Hasina has been convicted for crimes against humanity and sentenced to death but this something which is vague and not codified under the Bharatiya Nyaya Sanhita, which is known as the BNS is the official criminal code of India, which came into effect on July 1, 2024, replacing the colonial-era Indian Penal Code 1860.

The also treaty makes it clear that there has to be Dual Criminality which means the crime for which extradition is sought must constitute a criminal offence under the domestic laws of both nations (even if the legal nomenclature or name of the crime differs) and the requests have to be processed through official diplomatic channels.

The extradition treaty is also clear on when extradition may be refused and one it clearly states that if the crime is of a political character, then it is unlikely to happen. Hasina's case is political and it rests on the allegation that she ordered opening of fire on protesters. However, there is a window here as severe violent crimes-such as murder, manslaughter, assault, terrorism-related acts, and offences involving explosives-are excluded from the political offence exception. Bangladesh government has openly called the former prime minister a terrorist.

Under the treaty, extradition can be denied if the case is made out that the prosecution is deemed not to be made in good faith, is trivial, or violates the interests of justice.

Can A Travel Pass Can Facilitate Hasina's Return?

When incumbent Prime Minister Tarique Rahman was living in exile in London, without a Bangladeshi passport, he used a travel pass to return to Bangladesh. He applied for a "travel pass" to return to his country and submitted the application to the Bangladesh High Commission in London. During his stay in London, Tarique Rahman did not renew his Bangladeshi passport after its validity expired.

After being released from prison in 2008, Rahman and his family had travelled to the United Kingdom with his family remained there till his return to Bangladesh in December 2025. After the fall of the Hasina-led Awami League government, all cases against him were withdrawn, clearing the way for his return.

Rahman received his travel pass less than a week ahead of his return to Bangladesh in December 2025 but that was only after the cases against him were withdrawn. When it comes to Hasina, the circumstances are very different as she has been convicted by the International Crimes Tribunal in Bangladesh and she has an active death sentence against her in Bangladesh.

Political Impact Of Hasina's Return To Bangladesh

When it comes to the India-Bangladesh bilateral relationship, Hasina's stay in India has been hurdle. Bangladesh's current government has insisted on her return through extradition but behind the scenes discussions are on to facilitate her return without causing another political upheaval. And that could require more time and negotiations through diplomacy.

Anti-India elements in Bangladesh and radical forces have been using Hasina prolonged to stay target India and both the Bangladeshi government and India want to find a solution to the continuing attempts by radical anti-India elements emboldened by the Muhammad Yunus administration. India has made it clear that the bilateral relationship should not be held hostage by the Hasina issue.

Sources have told NDTV that while the Tarique Rahman government does not want to be seen as 'soft on Sheikh Hasina' but it does not want to be responsible for a political upheaval or worse a repeat of the past where the country's past leadership is eliminated by killing them. The leadership simply does not want a repeat of what happened to Rahman or President Ziaur Rahman.

Therefore, Hasina's return to Bangladesh in the current political climate seems highly improbable and implausible.