Bhutto’s Hafiz Saeed claim: Is extradition to India possible?

India Today

Pakistan’s ex-Foreign Minister Bilawal Bhutto said in a recent interview that terrorists like Hafiz Saeed could be extradited to India. But can that really happen?

Transcript

00:00Bhutto says yes, army says no.

00:02Pakistan can extradite terrorists like Hafiz Saeed and Maulana Masood Azhar to India

00:06despite the absence of an extradition treaty.

00:09However, most experts say that's unlikely.

00:11In an interview given to Al Jazeera, Pakistan's former foreign minister Bilawal Bhutto Zardari

00:15said that they have no qualms in extraditing terrorists like Hafiz Saeed and Maulana Masood to India

00:20as a confidence-building measure if New Delhi is willing to cooperate.

00:24This comment caught the ire of Talha Saeed, the son of terrorist Hafiz Saeed.

00:28He says that Bhutto's remarks are against Pakistan's national interest and sovereignty.

00:32The fact of the matter is that in 2023, India had put in an extradition request for Hafiz Saeed

00:37which Pakistan rejected as the two nations didn't have a bilateral extradition treaty.

00:41But what if we tell you that despite the absence of an extradition treaty,

00:45Pakistan can extradite UN-designated terrorists to India?

00:48There are precedents in international law where countries have extradited criminals

00:51without any formal agreement.

00:53However, these conditions must be met.

00:55Double criminality

00:56The offence committed by the concerned individual must be a crime in both countries.

01:00Customary international law

01:01Terrorism is a global threat.

01:04And international law allows extradition in such cases without treaties.

01:08Reciprocity

01:08This is basically countries saying that we'll do it if you do it too.

01:12India doesn't have terrorists on its soil wanted by Pakistan

01:14but we have extradited criminals to other countries based on this principle.

01:18So if willing, terrorists like Saeed and Azhar can be extradited to India

01:22but most experts feel that is next to impossible.

01:25Why?

01:25Because people like them continue to remain necessary tools for the Pakistani army.

01:29They keep cross-border terrorism up

01:31along with the anti-India sentiment alive in Pakistan.

01:34So even if politicians like Bhutto agree to the extradition of their army,

01:37most experts believe will never allow it.

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