May 13th, 2016
As per data available with the government, 60 individuals were extradited to India since 2002. 17 of them were extradited from UAE followed by 11 from USA. 52 of the extradited were Indian nationals while most of them were extradited for offences like murder and terrorism related charges.
The Government of India (GoI) will reportedly seek extradition of Vijay Mallya after the United Kingdom (UK) rejected the deportation plea. But how easy is it? Though the numbers on the number of extradition/deportation requests made by GoI are not available, government data indicates that only 60 individuals have been deported/extradited to India since 2002.
India has Extradition Treaties with 42 countries
As on date, India has signed Extradition Treaties with the following 42 countries.
|India has Extradition Treaties with the following countries|
|S. No.||Country||S. No.||Country|
|6.||Bhutan||27.||Republic of Korea|
India also has Extradition Arrangements with 9 more countries namely Croatia, Fiji, Italy, Papua New Guinea, Peru, Sri Lanka, Singapore, Sweden and Tanzania.
Government also maintains that it is in the process of negotiating extradition treaties with many other countries. India is also a party to various multilateral conventions such as United Nations Convention against Corruption, United Nations Convention against Transnational Organised Crime, International Convention for the Suppression of Terrorist Bombings and the SAARC Regional Convention on Suppression of Terrorism, which can serve as a legal framework to bring back fugitive criminals from the countries who are also the parties to these conventions.
What is the process of Extradition?
A request for extradition can be initiated against a fugitive criminal who is formally accused of, charged with or convicted of an extradition offence. Such requests are handled with utmost care so as not to allow the fugitive an opportunity to take measures to avoid getting extradited. The Ministry of External Affairs takes up extradition requests with the concerned foreign countries when a request for extradition is received from the relevant law enforcement agencies in India.
All extradition requests should be supported by documents and information as prescribed by the Ministry of External Affairs (MEA) guidelines. It has to be noted that each extradition request is different and the request is dependent on the specific treaty/agreement signed with a country. The offence should also be defined in the list of the extradition offences.
What are the different offences defined in the extradition treaty with UK?
The extradition treaty with the UK was signed in the year 1993. This treaty defines the scope of the extradition offence as one which is punishable by law for a term of imprisonment of at least one year. This treaty does not classify political offences as extradition offences. But it provides an exhaustive list of offences that will not be treated as a political offence.
Most individuals extradited from UAE
A total of sixty (60) individuals have been extradited to India from a foreign country since 2002. 19 different countries have extradited people to India. The highest number of extraditions happened from UAE (17) followed by USA (11). Five (5) were extradited from Saudi Arabia while 4 each were extradited from Canada and Thailand. Only one individual Grant Duncan Alexander, a British citizen was extradited from Tanzania and Britain.
Out of the 60 extradited since 2002, 52 of them were Indian nationals, 3 of them were British and one was an American national.
Most individuals extradited in 2005 and 2015
Most people were extradited in both 2005 and 2015 when 8 people each were extradited. In both 2003 and 2004, 7 people were extradited. In 2006 and 2009, 5 people were extradited while in 2007 and 2008, 4 each were extradited.
Most people extradited for Murder & Terrorism related offences
Out of the 60 people extradited since 2002, 13 of them were extradited for murder related charges, 10 each for terrorism related and criminal conspiracy. Eight (8) of them were extradited for economic fraud, while 3 each were extradited for sexual abuse of children and waging war against India. The other offences include attempt to murder, cheating, forgery, drug offences and passport fraud etc.