Why can’t India bring back absconding economic frauds like Vijay Mallya or Nirav Modi to India? What is stopping the Indian government from doing so? I know if it were easy, they would have done it by now.
Extradition is a tiresome and codependent process, where foreign countries, those frauds are staying in, have to have extradition treaty signed with us.
Now what exactly do we mean by extradition? Extradition means – “To make someone return for trial to another country or state where they have been accused of doing something illegal.”
Once person is out of our country, the law and order of our country will be difficult to force upon him. Moreover if it is financial fraud, things get complicated further.
You would be surprised to know that around 31 economic offenders escaped this country just to avoid persecution.
Let’s analyse the curious cases of V. Mallya and N. Modi.
Vijay Malya- He has taken up the citizenship of England, hence Indian law and order are no longer applicable on him. It is up to the decision of British government to hand him over or not. India can only request them on the basis of their bilateral ties. At max India can go to the Interpol to have warrant issued against him. But for issuing Interpol notice, the evidences and criteria are vast.
Currently the Enforcement Directorate is seeking Interpol to raise an international arrest warrant against Mallya.
Nirav Modi- CBI( Central Bureau of Investigation) and ED(Enforcement Directorate) of India have successfully influenced Interpol to allot red notice against Nirav Modi. Red notice will prevent him from the following.
According to The Hindu newspaper “The Red Notice not only restricts a fugitive’s movement in 192 member-countries of the Interpol, but also empowers enforcement agencies in the respective foreign jurisdictions to detain the person for deportation or extradition to the requesting country.”
It’s not only us people who are tired of these lengthier process. Our government is also seeking shorter and quick fix to these economic frauds. As per recent news published in Economics Times(ET)-
The government plans to create a master list of all economic offenders in the country, according to a report in Hindustan Times. Such a list will help the investigating agency factor in the risk of a suspect fleeing the country. For instance, if CBI is probing a suspect, it would know if Enforcement Directorate had probed the suspect earlier and what were the consequences of the probe.
The government has asked all Central investigative and enforcement agencies to work together to create the list.
“The Central Economic Intelligence Bureau (CEIB) will prepare the list with inputs from agencies such as the Enforcement Directorate, CBI, the Directorate of Revenue Intelligence, capital markets regulator SEBI, the tax department and the customs department, according to the report.”
As per the report by Economic Times.
So why not yet?
Because we woke up too late; they had escaped already. Once they escaped, our hands got tied under international or foreign rules. All we can do now is to ask or tactically force other countries to hand them over to us.
You must have heard the news of how Malaysia refused to deport Zakir Naik. India can’t force Malaysia anyway to do that. The same case with all the economic frauds. Because economic frauds are not taken as serious crimes like killing or terrorising. Those fraudsters know it very well.
The real question should be-
“Why and how were those economic offenders allowed to leave this country in the first place?”