Hn_Ani_Delhi_Adv_Vikas_Singh_On_19-45-14

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Transcript

00:00So, international crimes tribunal is a tribunal set up in Bangladesh on the basis of a domestic

00:20law of Bangladesh, where they recognize certain international crimes and this arrest warrant

00:26is by a domestic court of Bangladesh.

00:28Now, for that arrest warrant to be made effective, there will have to be an extradition from

00:33India and it is only after extradition that this warrant can be made effective.

00:39And for extradition, the particular offender has several protection.

00:46One of them of course is that for a political crime, you can't be extradited.

00:51The other protection is that the punishment in the country which is seeking extradition

00:58should not have a higher punishment than the punishment that is provided for the similar

01:03offence in India.

01:05So, considering all these safeguards and other safeguards that they have, they will have

01:12to move the Indian court for getting an extradition and it is doubtful that whether an extradition

01:18can be granted under these circumstances.

01:22International crime tribunal Bangladesh has issued an arrest warrant against the former

01:28Prime Minister Sheikh Hasina and 12 other people.

01:32International crime tribunal looks like an international body that has issued an arrest

01:37warrant but this is their domestic court warrant and this is a Bangladeshi law under which

01:45this warrant has been issued.

01:48The current regime has felt that she has committed an international crime and accordingly she

01:53should be arrested.

01:54But to arrest her, she will have to be extradited from India and there are several safeguards

01:59for extradition.

02:00One is that if there is a political extradition, if she proves political ground, then extradition

02:09will be refused on this ground because she will have to go to the court to ask for extradition.

02:14And second is that if the punishment provided in their law is less in our Indian law, then

02:23she can't be extradited on the ground.

02:26So there are several safeguards which I don't think that in this case, extradition will

02:31be granted on the basis of international crime tribunal's arrest warrant.

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