Enforcement Directorate initiated proceedings for the extradition of businessman Vijay Mallya from UK. The Central Bureau of Investigation forwarded the request to the Interpol for issuance of a Red Notice against him to facilitate the extradition.
Earlier the U.K. authorities expressed their inability to deport Mr. Mallya on technical grounds. Following which the ED wrote to the nodal agency CBI to forward its request for a Red Notice.
In former IPL chief Lalit Modi’s case, Interpol has not issued a Red Notice despite repeated attempts by India.
Article 11 of the India-UK Extradition Treaty (1993) says the request must be accompanied by an accurate description of the person, his nationality and residence, a statement of the facts of the alleged offence, legal provisions invoked and the maximum punishment prescribed.
What is extradition?
Extradition is the formal process where one country asks another to return a person in order to stand trial or to serve a sentence to that person.
Legislative Basis for Extradition in India:
The Extradition Act 1962 provides India’s legislative basis for extradition. The Act consolidated the law relating to the extradition of fugitive criminals from India to foreign states.
Countries with which India has Extradition Treaties/Arrangements:
India can make an extradition request to any country. While India’s treaty partners have treaty obligations to consider India’s requests, in the absence of a treaty, it is a matter for the foreign country to consider, in accordance with its domestic laws and procedures.
The Government of India has entered into bilateral Extradition Treaties with 39 countries to bring speed and efficiency to the process of extradition. Besides, India has entered into extradition arrangements with 10 more countries.
Who can make an Extradition Request to a Foreign Country?
Requests for Extradition on behalf of the Republic of India can only be made by the Ministry of External Affairs, Government of India, which formally submits the request for Extradition to the Requested State through diplomatic channels.