NEW DELHI, Jan 28 – The Extradition Treaty signed in Dhaka by Union Home Ministers of India and Bangladesh, Sushil Kumar Shinde and Mohiuddin Khan Alamgir is unlikely to affect the political prisoners.
The Political Offence Exception provisions states that extradition may be refused if the offence of which it is requested is an offence of a political character. The Grounds for Refusal of Extradition states that a person may not be extradited if he satisfies the Requested State that it would, having regard to all the circumstances, be unjust or oppressive to extradite him by reason of: the trivial nature of the offence of which he is accused or was convicted; or the passage of time since he is alleged to have committed it or to have become unlawful at large. Besides, if the accusation against him has not been made in good faith in the interests of justice; the offence of which he is accused or convicted is a military offence which is not also an offence under the general criminal law.
The Clause Eight further States that a person may not be extradited if he would, if proceeded against in the territory of the Requested State for the offence, for which his extradition is requested, be entitled to be discharged under any rule of law of the Requested State relating to previous acquittal or conviction.
Meanwhile, in Bangladesh Sheikh Hasina’s Cabinet on Monday approved the proposal of signing the ‘Extradition Treaty’.
Cabinet Secretary M Musharraf Hossain Bhuiyan was quoted as having said that only those convicted for criminal offences with one year or more imprisonment would be considered for extradition.