Will Vijay Mallya Join List of 60 Indians Extradited Since 2002?

The Indian government will reportedly seek extradition of Mallya after the (UK) rejected the deportation plea.

File photo of Vijay Mallya. (Photo: Reuters)

Sixty individuals were extradited to India since 2002, according to data available with the government. Out of these, 17 were extradited from the UAE and 11 from the US. Fifty-two of those extradited were Indian nationals; most of them were extradited for offences like murder and terrorism related charges.

The government will reportedly seek extradition of Vijay Mallya after the United Kingdom rejected the deportation plea. But how easy is it?

India Has Extradition Treaties With 42 Countries

As on date, India has signed extradition treaties with the following 42 countries.

India also has extradition arrangements with nine other countries namely Croatia, Fiji, Italy, Papua New Guinea, Peru, Sri Lanka, Singapore, Sweden and Tanzania.

India is also a party to various multilateral conventions such as United Nations Convention against Corruption, United Nations Convention against Transnational Organised Crime, International Convention for the Suppression of Terrorist Bombings and the SAARC Regional Convention on Suppression of Terrorism, which can serve as a legal framework to bring back fugitive criminals from the countries who are also the parties to these conventions.

What Is the Process of Extradition?

A request for extradition can be initiated against a fugitive criminal who is formally accused of, charged with or convicted of an extradition offence. Such requests are handled with utmost care so as not to allow the fugitive an opportunity to take measures to avoid getting extradited. The Ministry of External Affairs takes up extradition requests with the concerned foreign countries when a request for extradition is received from the relevant law enforcement agencies in India.

All extradition requests should be supported by documents and information as prescribed by the Ministry of External Affairs (MEA) guidelines. It has to be noted that each extradition request is different and the request is dependent on the specific treaty/agreement signed with a country. The offence should also be defined in the list of extradition offences.

What Are the Offences Defined in the Extradition Treaty With UK?

The extradition treaty with the UK was signed in the year 1993. This treaty defines the scope of the extradition offence as one which is punishable by law for a term of imprisonment of at least one year. This treaty does not classify political offences as extradition offences. But it provides an exhaustive list of offences that will not be treated as a political offence.

Most Individuals Extradited From UAE

Nineteen different countries have extradited people to India. The highest number of extraditions happened from the UAE (17) followed by the US (11). Five (5) were extradited from Saudi Arabia while 4 each were extradited from Canada and Thailand. Only one individual Grant Duncan Alexander, a British citizen, was extradited from Tanzania and Britain.

Out of the 60 extradited since 2002, 52 of them were Indian nationals, 3 of them were British and one was an American national.

Most Individuals Extradited in 2005 and 2015

Most people were extradited in 2005 and 2015 - namely, 8 people each. In both 2003 and 2004, 7 people were extradited. In 2006 and 2009, 5 people were extradited while in 2007 and 2008, 4 each were extradited.

Most People Extradited for Murder & Terrorism Related Offences

Out of the 60 people extradited since 2002, 13 of them were extradited for murder related charges, 10 each for terrorism-related and criminal conspiracy charges. Eight were extradited for economic fraud, while 3 each were extradited for sexual abuse of children and waging war against India. The other offences include attempt to murder, cheating, forgery, drug offences and passport fraud etc.

(This article has been published in collaboration with Factly.)