Extradition: Concept & Significant Cases

Extradition refers to a process by which a person accused or convicted of a crime in one country but who is currently based in another country, is delivered to that country ‘s law enforcement agency. An Extradition treaty is necessary for delivering an accused or convict to another country. In absence of a bi-lateral treaty, a multilateral convention can be used if both requesting and requested country are parties to it.

Provisional Arrest

A provisional arrest is also possible if there is a treaty between two countries. In absence of that, the foreign country can decide to arrest the person, based on its own domestic laws.

Extradition can be considered for extraditable offences regardless of place the crime was committed. It is not granted in case of political offences. Such requests have to be submitted through diplomatic channels and must have all supporting documents.

Deportation vis a vis Extradition

Deportation is an easy and less time consuming process but extradition is a long and tedious process which involves court proceedings and appeals. Deportation is generally used to describe the process of expelling a foreigner who is no longer welcome in the country. A foreigner may be deported for entering a country illegally or committing serious crimes or for breaking conditions of visa.

Generally speaking, both deportation and extradition refer to processes by which a non-citizen may be removed from that country.

19th G-20 Summit

Recently concluded 19th G-20 summit at Rio de Janeiro provided a good opportunity to the Indian Prime Minister Narendra Modi to discuss some cases of extradition on the side lines. He had used the sidelines of G-7 and BRICS also to raise issues of prime concern and in a way, succeeded in taking some assurance from his counterparts.

During his talk with Keir Starmer, the British P.M., Sri Modi reiterated the need for the U.K. to expedite extradition of fugitives Vijay Mallya and Nirav Modi, citing their significant financial crimes against India. He also emphasized the importance of resolving issues related to economic offenders.

Case of Vijay Mallya

Vijay Mallya, an Indian fugitive and former businessman, is an accused in a bank loan default case of over Rs.9000/ Crores involving his defunct Kingfisher Airlines.Living in U.K. since 2016, he is subject of an extradition effort by Government of India to return him to face charges of financial crimes in India.

Case of Nirav Modi

Nirav Modi, also accused of a Rs.13,000 Crore fraud in Punjab National Bank scam, has been in a London jail for five years, having lost his extradition appeal earlier.

Under the Mutual Legal Assistance Treaty (MLAT), the U.K. and India are legally bound to share information on criminal investigations. The U.K. seems to be avoiding sharing it in the case of Nirav Modi. In the same way, U.K. has taken a stand that it can’t extradite Vijay Mallya, until and unless a ‘ confidential legal issue’ concerning him is resolved. Same was ‘judicial’ in nature according to them.

Many times it has been reported that Mallya ‘s extradition was going to materialise but for some unknown reasons it gets ‘postponed’.

Consultation With France

The issue was earlier discussed with France in the Joint Working Group meeting of two countries on Counter terrorism held on April 15. As Vijay Mallya has properties in France, the matter of his extradition came up for discussion. France has been requested to approve his extradition without preconditions. Matter of extradition of Mallya was also raised before the Home Secretary of the U.K. by the Indian Foreign Secretary of India in November.

Case of Mehul Choksi

Similar to the case of N. Modi is the case of Mehul Choksi, owner of Gitanjali Group, who has fled to the U.K. Being involved in financial and economic frauds, he is accused of money laundering, criminal conspiracy, corruption and criminal breach of trust.

Extradition Treaties Signed By India

It may be noted that India has signed Extradition treaties with 48 countries including the USA, U.K. and Canada. But no such treaty has been signed with Afghanistan, China, Maldives, Myanmar and Pakistan. Despite such a treaty with the USA, 61 extradition requests from India are pending. It has been learnt that only 11 Indians have been extradited from the USA between 2002 and 2018. However, 23 persons have been extradited from the UAE.

Cases of T.H. Rana, Nikhil Gupta & Sanjiv Chawla

A Very important case of Tahawwur Hussain Rana, an accused in 26/11 case of Mumbai, is pending in the USA. There have been success stories as well. One Nikhil Gupta was extradited from the Czech Republic in June 2023. Sanjiv Chawla, an accused in match fixing racket, was extradited from U.K.

Case of Abu Salem

Abu Salem, belonging to Azamgarh and a close associate of Dawood Ibrahim (Bombay Blast Case of 1993) was extradited from Portugal to India to face charges in nine criminal cases. He was detained in Portugal along with his girl friend Monica Bedi for having entered that country without any document. He has completed 23 years and eight months in prison thus far. He has applied for release but the same cannot be considered in view of the ruling of the Supreme Court that he can be released only on completion of 25 years in prison.

Case of Bablu Srivastava

Bablu Srivastava alias Om Prakash Srivastava, infamous U.P. gangster of yesteryears and once an associate of Dawood Ibrahim, was arrested by CBI and extradited from Singapore on 21st April 1995. He was brought to stand trial in over 60 cases of murder and kidnapping. As he has completed more than 25 years in Bareilly Central jail, he has submitted applications for release before Allahabad High Court and Government of U.P.

Case of Ravi Pujari

In the same way, Mumbai gangster Ravi Pujari was extradited from Dakar, Senegal on 19th January,2019.He was also an alleged associate of Dawood Ibrahim. An accused in about 30 cases of murder and kidnapping, he was staying in West African countries, posing as Anthony Fernandes. Cases filed against him under Maharashtra C.O.C. Act and Interpol Red Corner notices facilitated his arrest and extradition from Senegal.

Extradition of Terrorists From Canada

Talking of Canada, Khalistani elements have secured a safe haven for many years. It is difficult to get an extradition request accepted even when an Extradition Treaty was signed between two countries, long ago. At present when the murder case of K.T.F. Chief H.S.Nijjar in Canada is being discussed, India is rightly seeking extradition of Arshdeep Singh Gill alias Dalla, a gangster from Canada but the same has not been honoured so far. A close associate of H.S.Nijjar and a fundraiser with Nijjar, he has been declared a terrorist by India for being accused of targeted killings, terror financing and extortion in Punjab.

He was arrested by Canadian Police in Ontario on 28th October along with arms and hi tech rifles supplied by I.S.I. A Red Corner Notice was also issued against him. He is likely to divulge a good deal of information. According to a retired DGP of U.P., if Dalla is extradited, the minority Government of Justin Trudeau will be exposed.

In all, as per Spokesman of MEA, India has requested for extradition of 26 terrorists from Canada but the latter is sleeping over the matter. Even under MLAT, Canada is bound to share proceedings against persons named but Canada remains tight lipped.

In addition, four accused – Karan Barar, Amandeep Singh, Kamalprit Singh and Karanprit Singh were arrested in May for their suspected involvement in murder of Nijjar. For reasons best known to Canada, hearing of the case has been postponed five times and the next hearing is slated to take place only on 11th February, 2025. Due to evasive tactics adopted by Canada, this case may further spoil relations between two countries.

Case of Dawood Ibrahim, the Global Terrorist

A drug lord, terrorist, murder planner, extortionist, trader of counterfeit currency and a kingpin of Hawala racket, Dawood Ibrahim Kaskar (DIK) used to head D-Company, a criminal gang of five thousand members in erstwhile Bombay. He fled to Dubai in 1986.Apart from his involvement in a variety of crimes, he was one of the masterminds of 1993 serial blasts in Mumbai. He is also reported to have provided logistics for 2008 Mumbai attacks known as 26/11 case. His narcotics trade has spread from South Asia to the Middle East to Africa to the U.K. and West Europe. He also used to have ties with Vicky Goswami, drug king of South America.

Not satisfied with normal crimes, he began pushing counterfeit currency into India and also took control of the Hawala racket and influenced Hindi films. In 2003 India and USA declared DIK a Global Terrorist. Further, in 2006, India gave a list of 38 Most Wanted Criminals to Pakistan, enjoying sanctuary therein. DIK too figured. Wanted both by India and USA since 1993, he has a reward of 25 million Dollars on his head.

Several attempts have been made by R& AW and I.B. to serve Red Corner Notice through INTERPOL on him at his 9 residences in Karachi but the Govt. of Pakistan flatly denies his presence every time. However, Chotta Rajan, his former Lieutenant, who fell out in 1992, has confirmed the existence of the base of DIK in Karachi.

In sum and substance, this case is unique and no deportation or extradition mechanism can work. Even the likes of Osama Bin Laden were finished but DIK through his clout, cunningness or charisma continues to survive for 38 years.

Case of Sheikh Hasina

Generally a person is not extradited on political considerations and offences. But in the aftermath of disturbances in Bangladesh, its Chief Advisor Mohammad Yunus has hinted at requesting India to extradite Sheikh Hasina, former P.M. Now Bangladesh is talking of making a direct request to India but earlier, as reported in media, they were to request Interpol to issue a Red Corner Notice against her.

According to indications, Bangladesh is likely to raise this issue during Foreign office consultations of two countries in Dhaka in December. Hasina is facing a trial in the International Crime Tribunal of Bangladesh for her alleged involvement in mass killings during student-led uprising. In view of the fact that India has an Extradition Treaty with Bangladesh, it may be difficult for India to reject the formal request of Government of Bangladesh.

TO SUM UP

Extradition is different from deportation. More and more Extradition treaties ideally should reduce extradition cases. But the same is not happening. MLAT and Red Corner Notices are proving ineffective. Talks on the margin of international conferences between Heads of States look positive but they have to depend on same bureaucracy for delivery. Both U.K. and Canada remain tight lipped about their processes.

Cases of several Indians in the U.K. relate to economic offences but delay caused sends wrong signals. It takes years to sign a treaty but success stories are few. Extradition of Sikh terrorists from Canada has to be expedited to avoid resurgence of Sikh militancy. Dawood Ibrahim continues to be on the run despite being declared a Global Terrorist. The case of extradition of Sheikh Hasina may need utmost care and attention in view of the wellbeing of left over Hindus in Bangladesh.

(The author former Chief Secretary of Sikkim)