Bringing Nirav Modi, Vijay Mallya back: Know extradition rules; how to get fugitives deported

By: | Published: June 13, 2018 1:03 PM

The United Kingdom might extradite Nirav Modi and Vijay Mallya by tagging them as illegal immigrants.

Indian government has requested the UK to extradite Vijay Mallya and Nirav Modi.

The United Kingdom might extradite Nirav Modi and Vijay Mallya by tagging them as illegal immigrants. On Monday, UK Minister of State for Countering Extremism talked with India’s Home Minister (state) Kiran Rijiju about signing a MoU on illegal immigrants, which would likely facilitate the deportation of around 75,000 Indians along with Mallya and Modi, who are facing huge money laundering charges in India.

How it works:

India can request its extradition treaty partners for a provisional arrest of fugitives who have taken shelter in those countries. An extradition treaty is signed between two countries to facilitate the deportation of a person with a criminal offence seeking refuge in other countries. The UK is one such treaty partner of India. But previously UK rejected India’s request for extraditing Vijay Mallya twice.

India can also issue an Interpol Red Corner Notice, seeking the location and arrest of a wanted person and take lawful action in a criminal case probe. Issuing an RCN restricts the person’s movement within the residing country and stops him using their Indian passport. The Enforcement Directorate tried requesting Interpol for an RCN against Mallya before, but the request did not get through. But for this, India needs to request deportation of the two to the UK, followed by a provisional arrest, only then an RCN can be lodged.

But if the UK decides to deport Mallya and Modi, the two countries do not need to go through this elaborate process with the extradition treaty coming into play. For which, a law enforcement agency of India needs to send a provisional arrest request to the concerned authority of the other country, through the Ministry of External Affairs. This extradition request can be a charge sheet filed in court and the court’s notice demanding the fugitive’s presence for the trial of the case.

India has an extradition treaty with 48 countries, which includes, the US, UK, UAE, Hong Kong, Belgium, Bulgaria, France, Germany, Lithuania, Netherlands, Poland, Portugal, Spain, and Switzerland. And with few other countries, India has extraditing agreements.

The extradition treaty between India and UK was signed in 1992 and has been in effect since 1993.

Indian fugitives in the UK:

Apart from Vijay Mallya and Nirav Modi, who had created quite a stir in India with their money laundering cases, India has eight other extradition request in the UK – Sanjeev Kumar Chawla (2004) for cricket betting, Shaik Sadiq (2004) for conspiracy and theft, Hanif (2004) for involvement in terrorism, Raj Kumar Patel (2009) for forgery, Rajesh Kapoor (2011) for forgery and fraud, Atul Singh (2012) for sex crimes, Jatinder Kumar Angurala and Asha Rani Angurala (2014) for bank fraud.

Indian fugitives who have been extradited:

Only five India refugees were deported since 2014, including Samirbhai Vinubhai Patel, a Gujrat Riot accused. But over 50 terrorists were deported to India from the US, Middle East, and African countries, and even some from Eastern and South Eastern Asia from 2002-13.

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