MHA’s three-pronged strategy for extradition of fugitives has been successful

Subhashis Mittra

India has developed an integrated, intelligence-based and technology-driven model against fugitives, under the guidance of Union home minister Amit Shah, paving the way for stricter measures against them and facilitating their return to India. Taking a decisive stance against fugitive criminals, India has brought back 274 fugitive criminals from 36 countries since 2019.

To strengthen action against fugitives, Prime Minister Narendra Modi enacted the Fugitive Economic Offenders Act in 2018. Before 2014, India had extradition treaties with only 37 countries. There was also no dedicated law to deal with economic fugitives or to confiscate their assets.

Data available with the ministry of home affairs (MHA) show that between 2004 and 2013, India secured the extradition of only four fugitives per year on an average, while 110 extradition requests remained pending. In addition, incomplete documentation and slow processing made the extradition process highly cumbersome, often leading foreign courts to deny extradition requests. India’s extradition efforts also faced legal and judicial hurdles, including the principles of double jeopardy and dual criminality, which frequently resulted in the rejection of extradition requests.

Furthermore, the absence of effective coordination and a unified strategy among the MHA and other departments hindered the progress. The sharing of information on fugitives, location tracking and the issuance of Red Corner Notices were also moved at a slow pace.

The previous governments ‘lacked the political will’ to bring back fugitive, the MHA says, adding that the Modi government has made the extradition of fugitives a ‘national priority’. In line with Prime Minister Modi’s vision, the home minister has launched a three-pronged strategy against fugitives—global outreach, strong coordination and smart diplomacy. Shah has described the issue of fugitive offenders as one that is intrinsically linked to the country’s sovereignty, economic stability, law and order and national security.