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India’s Extradition Treaties: How They Impact the Vijay Mallya & Nirav Modi Cases

Introduction

Extradition is a critical tool in international law that enables countries to hand over fugitives to jurisdictions where they face criminal charges. India has signed extradition treaties with over 50 countries and extradition arrangements with 11 others to curb financial crimes, terrorism, and other serious offenses. However, high-profile cases like Vijay Mallya and Nirav Modi have tested India's extradition mechanisms and diplomatic relations. This article explores India's extradition laws, its treaties, and the challenges faced in these landmark cases.

Understanding Extradition Laws in India

1. The Extradition Act, 1962

The primary legal framework governing extradition in India is The Extradition Act, 1962. This Act provides the conditions and procedures for extradition between India and foreign nations.

  • Extradition Treaty Countries: India has formal agreements with over 50 countries, including the UK, USA, UAE, and Canada, which provide a legal basis for extradition.

  • Extradition Arrangements: India has non-treaty extradition arrangements with 11 countries, where extradition can still occur under mutually agreed-upon conditions.


The Vijay Mallya Extradition Case



Who is Vijay Mallya?

Vijay Mallya, an Indian businessman and former owner of Kingfisher Airlines, was accused of financial fraud amounting to over ₹9,000 crore ($1.1 billion). He fled to the United Kingdom in 2016 before facing trial in India.

Key Legal Developments

  1. India's Request for Extradition (2017): The Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) initiated extradition proceedings against Mallya under the India-UK Extradition Treaty (1992).

  2. UK Court Ruling (2018): The Westminster Magistrates' Court ruled in favor of Mallya's extradition, citing financial misconduct and money laundering charges.

  3. Appeal and Delays (2019-2022): Mallya sought asylum in the UK, delaying his extradition.

  4. Current Status (2024): He remains in the UK, but the Indian government continues diplomatic efforts to bring him back.

Challenges in Extradition

  • Lengthy legal battles due to appeals and asylum claims.

  • Political and diplomatic considerations affecting extradition processes.

  • Human rights concerns raised by UK courts regarding prison conditions in India.


The Nirav Modi Extradition Case



Who is Nirav Modi?

Nirav Modi, a billionaire jeweler, was the mastermind behind the Punjab National Bank (PNB) scam, amounting to ₹11,400 crore ($1.5 billion). He fled to the UK in 2018, evading arrest in India.

Key Legal Developments

  1. Extradition Request (2018): The ED and CBI sought Modi's extradition under the India-UK Extradition Treaty.

  2. Arrest in London (2019): He was arrested by UK authorities and denied bail multiple times.

  3. UK Court Ruling (2021): A UK judge approved Modi's extradition, ruling that he had a case to answer in India.

  4. Appeals and Human Rights Issues (2022-2024): Modi claimed depression and suicide risks to block extradition.

  5. Current Status (2024): Modi is still in a UK prison, awaiting a final decision.

Challenges in Extradition

  • Human rights concerns: UK courts assess India’s prison conditions before approving extradition.

  • Legal loopholes: Modi has repeatedly appealed on mental health grounds.

  • Bilateral relations: Political considerations influence extradition negotiations.


Impact of These Cases on India’s Extradition Policies

These high-profile cases have led to significant changes in India’s legal and diplomatic approach:

  1. Strengthening Diplomatic Channels: India is engaging in faster negotiations with countries like the UK and UAE to speed up extradition.

  2. Legal Reforms: India is considering amendments to The Extradition Act, 1962 to close legal loopholes.

  3. International Pressure: Cases like Mallya and Modi have pressured UK courts to expedite rulings in economic offenses.

  4. Increased Scrutiny on Economic Offenders: India’s Fugitive Economic Offenders Act, 2018, allows authorities to seize assets of fugitives to deter financial crimes.


Conclusion

The extradition cases of Vijay Mallya and Nirav Modi highlight the challenges India faces in bringing fugitives back to justice. While legal and diplomatic progress has been made, lengthy appeals and human rights issues slow down the process. Strengthening international cooperation and reforming Indian extradition laws can enhance accountability and prevent future economic offenders from escaping justice.

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FAQs

1. What is the legal basis for extradition in India?

India follows The Extradition Act, 1962, which provides the legal framework for extradition from and to India.

2. Why is Vijay Mallya not yet extradited?

Though UK courts ruled in favor of extradition, Mallya’s return has been delayed due to undisclosed legal and diplomatic issues.

3. When will Nirav Modi be extradited?

His extradition is awaiting final approval from the UK Home Secretary.

4. How many countries have extradition treaties with India?

India has extradition treaties with 48 countries and extradition arrangements with 12 countries.

5. What is the Fugitive Economic Offenders Act, 2018?

This law enables the Indian government to seize properties of financial fugitives who have fled India.


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