India’s Extradition Efforts in Economic Crime Cases

India has recently made progress in its efforts to extradite fugitives accused of economic offences. A Belgian court has ruled against Mehul Choksi’s plea to avoid extradition, clearing a major hurdle in India’s pursuit of one of the prime accused in the Punjab National Bank scam. This development marks India’s growing success in securing extraditions for trial and prosecution. The country has intensified its diplomatic and legal efforts to bring back economic offenders hiding abroad.

Extradition of Mehul Choksi

Mehul Choksi fled India in 2018 to evade prosecution. He is currently detained in Belgium following India’s extradition request. The Belgian court found his claims of potential ill-treatment in Indian prisons unconvincing. It accepted India’s assurances about his safety and prison conditions. If extradited, Choksi will join numerous economic offenders returned to India over the past two decades.

India’s Extradition Framework

India has formal extradition treaties with 48 countries and arrangements with 12 others. Requests are made for suspects under investigation, trial, or convicted criminals. The government has ramped up extradition efforts, making 133 requests in the last five years. In 2024 alone, 39 requests were filed, the highest in the 2020-2024 period.

Types of Offences and Trends

Economic offences form the largest category of extradited individuals, accounting for 35%. These include financial fraud, cheating, and forgery. Terror-related crimes make up 27.5% of extraditions, including terror financing and waging war against India. Crimes such as murder or attempted murder account for 21.3%. Other offences include drug trafficking and sexual crimes.

Notable Extraditions and International Cooperation

Prominent cases include Christian Michel James, extradited from the UAE for bribery in the AgustaWestland helicopter deal, and Tahawwur Rana, extradited from the U.S. for involvement in the 26/11 Mumbai attacks. Diplomatic efforts, like the UK Crown Prosecution Service’s recent visit to Tihar jail, aim to facilitate extraditions of individuals such as Vijay Mallya and Nirav Modi.

Country-wise Extradition Data

India has secured extraditions from at least 26 countries since 2002. The UAE and the U.S. are the largest sources, accounting for 46% of all extraditions. The UAE has extradited at least 25 fugitives, while the U.S. has extradited 12 in this period. This reflects growing international cooperation in tackling cross-border crime.

Data and Transparency

Information from Right to Information (RTI) requests and parliamentary records shows a steady rise in extradition requests and returns. However, data gaps exist for the 2019-2023 period. Continued transparency and data sharing are vital for assessing the effectiveness of India’s extradition policies.

Questions for UPSC:

1. Point out the challenges India faces in extraditing economic offenders and estimate the role of international treaties in overcoming them.
2. Critically analyse the impact of extradition on India’s efforts to combat cross-border terrorism and economic crimes.
3. Underline the significance of diplomatic relations in facilitating extradition processes with countries like the UAE and the U.S., with suitable examples.
4. What are the legal safeguards against human rights violations in extradition cases? How do countries ensure fair treatment of extradited individuals?

Answer Hints:

1. Point out the challenges India faces in extraditing economic offenders and estimate the role of international treaties in overcoming them.

1. Fugitives often exploit legal loopholes and claim risk of ill-treatment or unfair trial to delay extradition.
2. Differences in legal systems and evidentiary standards complicate mutual cooperation.
3. Political and diplomatic sensitivities sometimes hinder extradition requests.
4. International extradition treaties provide a formal legal framework to streamline processes.
5. India’s 48 treaties and 12 arrangements facilitate cooperation, increasing success rates.
6. Assurances on prisoner treatment and legal safeguards help overcome human rights objections.

2. Critically analyse the impact of extradition on India’s efforts to combat cross-border terrorism and economic crimes.

1. Extradition enables India to prosecute fugitives who evade justice by fleeing abroad.
2. It acts as a deterrent against economic offenders and terrorists seeking safe havens.
3. Successful extraditions enhance international cooperation and intelligence sharing.
4. Challenges remain due to procedural delays and diplomatic hurdles in some cases.
5. High-profile extraditions (e.g., Mehul Choksi, Tahawwur Rana) boost public confidence in justice delivery.
6. Overall, extradition strengthens rule of law and cross-border crime control mechanisms.

3. Underline the significance of diplomatic relations in facilitating extradition processes with countries like the UAE and the U.S., with suitable examples.

1. Strong diplomatic ties ensure smoother negotiation and trust between countries.
2. Example – UAE extradited Christian Michel James in the AgustaWestland bribery case, showing cooperation on economic crimes.
3. U.S. extradited Tahawwur Rana for terrorism-related charges, reflecting strategic security collaboration.
4. Regular diplomatic engagements and legal assurances help address human rights concerns.
5. Visits like UK Crown Prosecution Service’s to Tihar jail enhance mutual confidence for extradition.
6. Diplomacy helps resolve procedural and legal hurdles, expediting extradition timelines.

4. What are the legal safeguards against human rights violations in extradition cases? How do countries ensure fair treatment of extradited individuals?

1. Extradition treaties often include clauses ensuring protection against torture, ill-treatment, or unfair trial.
2. Courts assess evidence on risk of human rights violations before approving extradition.
3. Assurances from requesting countries about prison conditions and fair treatment are sought and relied upon.
4. International human rights laws and conventions provide frameworks for protection.
5. Monitoring and inspections (e.g., UK officials visiting Indian prisons) build trust in treatment standards.
6. Extradited individuals have legal recourse and appeal rights in the host and requesting countries.